Ramamoorthy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.12289 of 2024 Ramamoorthy ... Petitioner/Accused Rank Not Known Vs The Inspector of Police, Thiruvidaimaruthur Police Station, Thanjavur District.

Crime No.621/2024.

... Respondent/Complainant For Petitioner :

K.M.Karunakaran, Advocate.

For Respondent :

Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :-For Anticipatory Bail in Crime No.621/2024 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 303(2) of BNS r/w. 21(1) of of 1/5

Mines and Minerals (Development and Regulation) Act, 1957 in Cr.No.621 of 2024, seeks anticipatory bail.

2.The case of the prosecution is that petitioner and other accused have illegally transported 30 units of Savudu sand worth about Rs.30,000/- and the same has been recovered. Hence the complaint.

3. The learned counsel for the petitioner would submit that petitioner is innocent and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case. 4.The learned Government Advocate(Crl.Side) would submit that the property has been recovered and there is no previous case is pending against the petitioner. 5.Considering the facts and circumstances of the case and also considering the fact that the property has been recovered, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.

Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Thiruvidaimaruthur on condition that the petitioner shall execute a bond for a sum of Rs.

(a) the petitioner is directed to pay a sum of Rs.3,000/- (Rupees Three Thousand only) to the Meenakshi Mission Hospital and Research Centre, Madurai towards the treatment charges of one Bala Ariya (Ch/DD/NEFT Transfer and Google Pay (Canara Bank, Nungambakkam Branch A/c. No.60182010063310, IFSC.No.CNRB0016018 in favour of Women's Welfare Syndicate), without prejudice to his rights and contentions before the trial Court and produce the receipt before the trial Court.

(b) the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (c)the petitioner shall report before the respondent police daily at 10.30 am for a period of three weeks and thereafter, as and when required for interrogation. (d)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioner shall not abscond either during investigation or trial; (f)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]; and; 3/5

(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 31/07/2024 / TRUE COPY / /08/2024 Sub-Assistant Registrar (CS - I/ II / III /IV) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO 1 THE JUDICIAL MAGISTRATE, THIRUVIDAIMARUTHUR.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, THANJORE DISTRICT AT KUMBAKONAM 3 THE INSPECTOR OF POLICE THIRUVIDAIMARUTHUR POLICE STATION, THANJAVUR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO:

The officer incharge, Meenakshi Mission Hospital and Research Centre, Madurai +1 CC to M/s.K.M.KARUNAKARAN, Advocate ( SR-9117[I] dated 31/07/2024 ) 4/5

ORDER

IN CRL OP(MD) No.12289 of 2024 Date :31/07/2024 MK/MGA/23.08.2024 5P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5