Sankaralingam v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/01/2021 PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR 1.Sankaralingam 2.Balachandar ... Petitioner/Accused No.1 & 2 Vs The State of Tamilnadu The Inspector of Police, Thattapparai Police Station, Thoothukudi District Crime No.212/2020. ... Respondent/Complainant For Petitioner : Mr.G.Radhakrishnan, Advocate.
For Respondent : Mr.R.Srinivasan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 212/2020 on the file of the respondent police ORDER : The Court made the following order :- The petitioners, who are arrayed as accused 1 & 2, apprehending arrest at the hands of the respondent police for the offence punishable under section 378 I.P.C.,21(1)of Mines and Minerals (Development & Regulation) Act, 1957 in Crime No.212 of 2020, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that on 10.12.2020 at about 8.30 am, the respondent police during patrol , one Ashok Leyland Tipper Lorry bearing Reg.No.TN 74 E 2939 was dashed in the electricity pole and the driver and the cleaner of the said vehicle ran away from the spot, on seeing the police.On verification,two units saral sand found in the said vehicle. Hence, the case was registered.
3.The learned counsel appearing for the petitioners submitted that the petitioners transported only saral sand, for the purpose of filling the basement in the new construction. He would 1/3
further submit that the petitioners are innocent and they are not committed any offence prayed to for grant of anticipatory bail. 4.The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that there is no previous case pending against the petitioners.
5.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.
6.Considering the facts and circumstances of the case and also considering the fact that there is no previous case pending against the petitioners, I am inclined to grant anticipatory bail to the petitioners with certain conditions.
7.Accordingly, the petitioners shall draw a demand draft in favour of The Dean, Government Rajaji Hospital, Madurai for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) each, without prejudice to their rights and contentions before the trial Court. The petitioners shall produce the proof of remittance /submission of Demand Draft to Dean while executing sureties. On acknowledgment of the same by the Dean, Government Rajaji Hospital, Madurai, the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of two weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Thoothukudi, on condition that the 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 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:
(a)the petitioners 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;
(b)the petitioners shall report before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter, as and when required for interrogation.
(c)the petitioners shall not tamper with 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 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 2/3
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;
(f)if the accused/petitioners thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 07/01/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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 JUDICIAL MAGISTRATE NO.I, THOOTHUKUDI.
2.DO THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.
3.THE INSPECTOR OF POLICE, THATTAPPARAI POLICE STATION, THOOTHUKUDI DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO: THE DEAN, GOVERNMENT RAJAJI HOSPITAL, MADURAI
ORDER
IN CRL OP(MD) No.15787 of 2020 Date :07/01/2021 VRN PK/SMA/SAR-II/29.01.2021 : 3P/6C 3/3