Manivannan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14.07.2023 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN 1.Manivannan 2.Muneeswaran ... petitioners / Accused Nos.2 and 3 Vs.

State Rep. by The Inspector of Police, Seithur Rural Police Station, Virudhunagar District.

(Crime No.81 of 2023).

... Respondent / Complainant For petitioners : Mr.P.Saravanakumar, 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 Crime No.81 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/2 and 3 Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Section 379 I.P.C r/w Sections 21(4) of Mines and Minerals (Development & Regulation) Act, 1957, in Crime No.81 of 2023 on the file of the respondent police, seeks anticipatory bail. 1/4

2. The case of the prosecution is that the petitioners have illegally transported three units of sand by using three tipper lorries without any permission. Therefore, the present case came to be registered.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case. However, to show their bona fide, the petitioners have come forward to pay a sum of Rs.15,000/- (Rupees Fifteen Thousand only) each to the credit of Cr.No.81 of 2023 before the trial Court concerned.

4. The learned Government Advocate (Crl. Side) for the respondent Police submitted that the petitioners have transported 1 unit of sand illegally each by using tipper lorries. He further submitted that the first petitioner is having one previous case in similar nature. The second petitioner is having one previous case, which is not similar in nature.

5. Considering the nature of the mineral involved, the antecedents of the second petitioner and his willingness to pay a sum of Rs.15,000/- (Rupees Fifteen Thousand Rupees only) to the credit of Crime Number, this Court is inclined to grant anticipatory bail to the second petitioner. So far the first petitioner is concerned, this Criminal Original Petition is dismissed, since he is involved in previous case, which is similar in nature.

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6. Accordingly, this Criminal Original Petition is partly allowed on condition that the second petitioner shall deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand Rupees only) to the credit of Cr.No.81 of 2023 before the trial Court concerned, without prejudice to his rights and contentions before the trial Court.

7. On such deposit being made, the second petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Rajapalayam, on condition that the second 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 Magistrate concerned and the second petitioner shall appear before the respondent Police daily at 10.30 a.m. until further orders. The second petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

8. The second petitioner shall appear before the concerned Magistrate 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/- 14/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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To 1.The Judicial Magistrate, Rajapalayam.

2.Do through the Chief Judicial Magistrate, Virudhunagar District at Srivilliputhur.

3.The Inspector of Police, Seithur Police Station, Virudhunagar District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.P.KALAIYARASI BHARATHI, Advocate ( SR-10721[I] dated 14/07/2023 )

ORDER

IN Date :14/07/2023 ED/BUC /SAR- (26/07/2023) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4