Murugan @ Murugesan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Date : 08.10.2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI 1.Murugan 2.Mariyappan 3.Suresh ... Petitioners/Accused No.1 to 3 Vs State represented by The Inspector of Police, Mukkulam Police Station, Virudhunagar District.
(Crime No.65 of 2021) ... Respondent/Complainant For Petitioner : Mr.G.Sivaraja, Advocate For Respondent : Mr.P.Kottaichamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.65 of 2021 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 alleged offence punishable under Section 379 IPC and Section 21(1) of Mines and Minerals (Development & Regulation) Act, 1957, in Crime No.65 of 2021, seek anticipatory bail.
2.The prosecution case is that the petitioners without any valid permission have transported gravel two tipper lorries. Hence, the complaint.
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3.Learned Counsel for the petitioners submits that the petitioners are innocents and have not committed any offence as alleged by the prosecution, but, a false case has been foisted as against them.
4.Learned Government Advocate (Crl Side) appearing for the respondent police submitted that the petitioners have illegally taken nine units of gravel and hence, the case was registered. He further submitted that the petitioners have not involved in any other offence.
5.Considering the nature of mineral and antecedent of the petitioner, this Court is inclined to grant anticipatory bail to the petitioners.
6.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, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Principal District Judge, Virudhunagar @ Srivilliputhur on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that:
[a]the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the learned Judge may obtain a copy of their Aadhaar card or bank pass book to ensure their identity.
[b]the petitioners shall report before the respondent police as and when required.
[c]the petitioners shall not tamper with the evidence or witness either during investigation or trial. [d]the petitioners shall not abscond either during investigation or trial.
[e]On breach of any of the aforesaid conditions, the learned Judge/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioners are released on bail by the learned Judge/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [f]If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.
sd/- 08/10/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO 1 THE PRINCIPAL DISTRICT JUDGE, VIRUDHUNAGAR AT SRIVILLIPUTHUR.
2 THE INSPECTOR OF POLICE MUKKULAM POLICE STATION, VIRUDHUNAGAR DISTRICT.
3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.15557 of 2021 Date :08/10/2021 dsk SS/VR/SAR-II/20.10.2021 : 3P/4C 3/3