Kumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Kumar ... Petitioner / Accused rank not known Vs State rep by The Sub Inspector of Police, Marneri Police Station, Virudhunagar District.
(Crime No.13 of 2023).
... Respondent / Complainant For Petitioner : M.Jothi Basu, Advocate For Respondent : Mr.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.13/2023 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Section 379 IPC r/w 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.13 of 2023, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the accused persons by manipulating the trip sheet had transported gravel sand in the vehicle. Therefore, the present case came to be registered.
3. The learned counsel for the petitioner submitted that the said vehicle used by the accused persons was already sold by the petitioner to one Kalairajan on 29.01.2023, so far, the said sale is not effected in the RC book. The date of occurrence stated by the prosecution was 13.02.2023, ie., after the sale of vehicle. The petitioner is innocent and he has been falsely implicated in this 1/3
case. The co-accused has already been enlarged on anticipatory bail. Hence, prays to release him on anticipatory bail.
4. The learned Government Advocate (Crl. Side) for the respondent police submitted that though the petitioner is not having any previous case, the accused persons had transported gravel sand by manipulating the trip sheet. Hence, prays to dismiss the petition.
5.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 6.Considering the facts that the petitioner is not having any previous case and the co-accused has already been enlarged on bail, this Court is inclined to grant anticipatory bail to the petitioner.
7. 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, before the learned Sessions Judge, Special Court for Mines and Minerals Act Case, Virudhunagar, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judge concerned and the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
8. The petitioner shall appear before the concerned Judge within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.
sd/- 06/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
PNM To 1.The Sessions Judge, Special Court for Mines and Minerals Act Case, Virudhunagar. 2.The Sub-Inspector of Police, Maraneri Police Station, Virudhunagar District.
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3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.G.M.LAW OFFICE, Advocate (SR-10296[I] dated 06/07/2023)
ORDER
IN CRL OP(MD) No.12243 of 2023 Date :06/07/2023 ED/ /SAR- (10/07/2023) 3P 5C 3/3