Ravichandran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/07/2024 PRESENT THE HON`BLE MR.JUSTICE B.PUGALENDHI Ravichandran ... Petitioner/Sole Accused Vs The Inspector of Police, Thirumayam Police Station, Pudukottai District.

Crime No. 93/2024.

... Respondent/Complainant For Petitioner : Mr.A.Shajahan, Advocate.

For Respondent : Mr.M.Sakthi Kumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS / 438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 93 of 2024 on the file of the Respondent police.

1/5

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 379 IPC r/w 21(1)(II) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.93 of 2024 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner has illegally transported three units of gravel in a Tipper Lorry bearing Reg.No.TN 63-C0699. 3.The learned counsel appearing for the petitioner submits that the earlier application filed by the petitioner was dismissed considering the antecedents of the petitioner. He further submits that on his advice, the petitioner has realised his mistake and in order to show his bonafide, he is prepared to deposit a sum of Rs.10,000/- in favour of the "Chief Educational Officer, Pudukottai'' for the welfare of the Government School students.

4.Considering this change in the attitude of the petitioner, this Court is inclined to grant anticipatory bail to the petitioner. 2/5

5.Accordingly, this criminal original petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate Court, Thirumayam, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate Court, Thirumayam and on further conditions that:

i. The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address;

ii. The petitioner shall deposit a sum of Rs.10,000/- to the credit of "Chief Educational Officer, Pudukottai'' and produce the receipt before the learned Judicial Magistrate, Thirumayam and the Chief Educational Officer shall utilise the amount, so deposited by the petitioner for welfare activities of any of the Government Schools in the District. iii. The petitioner shall appear before the respondent police as and when 3/5

required.

iv. The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioner shall be available for the trial as well. v. On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the anticipatory bail.

7. It is needless to say that any tool or instrument or vehicle used for illegal quarrying / transportation of sand is liable to be seized under Section 21(4) of the Mines and Minerals(Development & Regulation) Act, 1957 and any vehicle or instrument or tool which has been seized under Section 21(4) of the Mines and Minerals (Development & Regulation) Act, 1957, is liable to be confiscated. sd/- 26/07/2024 / TRUE COPY / /08/2024 Sub-Assistant Registrar (CS-I/ II / III/ IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

vrn 4/5

TO

1. THE JUDICIAL MAGISTRATE, THIRUMAYAM 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI.

3.THE INSPECTOR OF POLICE, THIRUMAYAM POLICE STATION, PUDUKOTTAI DISTRICT.

4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO THE CHIEF EDUCATIONAL OFFICER, PUDUKOTTAI.

+1 CC to M/s.A.SHAJAHAN, Advocate ( SR-8682[I] dated 26/07/2024 )

ORDER

IN CRL OP(MD) No.11507 of 2024 Date :26/07/2024 RK/VR (08/08/2024) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5