Esakkipandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/08/2019 PRESENT The Hon'ble Mr.Justice P.RAJAMANICKAM CRL OP(MD). No.11925 of 2019 Esakkipandi ... Petitioner/4th Accused Vs The State rep.by The Inspector of Police, Seevalaperi Police Station, Tirunelveli District (Crime No. 137 of 2019). ... Respondent/Complainant For Petitioner : M/s.T.Lenin Kumar, Advocate.

For Respondent : Mrs.M.Anantha Devi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 137 of 2019 on the file of the Respondent Police.

ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 379 of IPC in Crime No.137 of 2019, seeks anticipatory bail. 2.The learned counsel appearing for the petitioner has submitted that the petitioner is the owner of the vehicle and he has not committed any offence and he has been falsely implicated in the above case, based on the confession given by the co-accused. However, he further submitted that the petitioner is ready to deposit the cost of the sand. Hence, he prayed for grant of anticipatory bail to the petitioner.

3.The learned Government Advocate (Crl.Side) appearing for the respondent has submitted that there are totally four accused. She further submitted that the petitioner has transported 1 unit river sand illegally without any permit. She further submitted that in this case, A-1 to A-3 were already arrested and remanded to judicial custody. She further submitted that the petitioner has two previous

cases and those cases are not of the similar nature. Hence, she opposed to grant anticipatory bail to the petitioner. However, she conceded that the vehicle used for committing the offence and the sand were recovered.

4.Though it is stated that two previous cases are pending, those cases are not of the similar nature, this Court is inclined to grant anticipatory bail to the petitioner by imposing certain conditions.

5. Accordingly, 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 learned Judicial Magistrate, No.III, Tirunelveli, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each 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 the bail bond, the petitioner shall deposit a sum of Rs.3,750/- (Rupees three thousand seven hundred and fifty only) to the credit of Cr.No.137 of 2019 before the learned Judicial Magistrate, No.III, Tirunelveli, without prejudice to his contentions before the trial court.

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

(iii) the petitioner 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 petitioner shall not tamper with evidence or witness either during investigation or trial.

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

(vi) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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/- 27/08/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.III, TIRUNELVELI.

2 -DO-THRO-THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE SEEVALAPERI POLICE STATION, TIRUNELVELI DISTRICT 4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

+1. CC to M/S. T. LENIN KUMAR Advocate SR.No.14153

ORDER

IN CRL OP(MD) No.11925 of 2019 Date :27/08/2019 vs ES/PN/SAR1/03.09.2019/3P/6C