R. Velmurugan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/08/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM 1.R. Velmurugan,

2. P. Rajangam, ... Petitioners/Accused rank not known Vs The State represented by The Inspector of Police, Rajathani Police Station, Theni District.

Crime No. 189/ 2019.

... Respondents/Complainants For Petitioners: M/s. M. Pounraj, Advocate.

For Respondent : Mr.V.Neelakandan, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.189 /2019 on the file of the Respondent Police.

ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 379 of IPC and Section 21 (4) Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.189 of 2019, seek anticipatory bail.

2. Heard both sides.

3.The learned counsel appearing for the petitioners has submitted that the petitioners have not committed any offence as 1/3

alleged by the prosecution and they have been falsely implicated in this case. He further submitted that as per the FIR, the petitioners have illegally transported one unit of river sand by using Tractor. He further submitted that the petitioners are not having any bad antecedents and hence, he prayed to grant anticipatory bail to the petitioners.

4.Per contra, the learned Additional Public Prosecutor appearing for the respondent has submitted that the petitioners have transported one unit of river sand without any valid permission. However, he fairly conceded that no similar type of case is pending against the petitioners.

5.Taking into consideration of the fact that the quantity of the sand involves in this case and also the fact that no previous case is pending against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Andipatti, Theni District, on condition that the petitioners 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: [i]before executing bail bond, each petitioners shall deposit a sum of Rs.7,500/- (Rupees Seven Thousand and Five Hundred only) to the credit of Crime No.189 of 2019 before the learned Judicial Magistrate, Andipatti, Theni District, without prejudice to their defence before the trial Court;

(ii) If the petitioners fail to surrender before the concerned Magistrate within a period of 15 days, this order shall stand automatically cancelled.

(iii) the petitioners shall report before the respondent police daily at 10.30 a.m for a period of three weeks and thereafter, as and when required before the respondent police for interrogation.

(iv) the petitioners shall not tamper with evidence or witness either during investigation or trial.

(v) the petitioners shall not abscond either during investigation or trial.

(vi) On breach of any of the aforesaid conditions, the learned 2/3

Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. (vii) If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 22/08/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ANDIPATTI, THENI DISTRICT.

2 DO-THROUGH :THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

3 THE INSPECTOR OF POLICE, RAJATHANI POLICE STATION, THENI DISTRICT.

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

+1 CC to M/s.M.POUNRAJ, Advocate ( SR-13944[I] dated 22/08/2019 )

ORDER

IN CRL OP(MD) No.11628 of 2019 Date :22/08/2019 dss AE/PN/SAR-III (29.08.2019) 3P 6C 3/3