Ravi @ Ayyadurai v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Ravi@ Ayyadurai ... Petitioner/Accused No.4 Vs State represented by The Inspector of Police, Sethubavachathiram Police Station, Thanjavur District.
(In Crime No.233 of 2023) ... Respondent/Complainant For Petitioner : M/s.D.R.Murugesan,Advocate For Respondent : Mr.B.Nambiselvan Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.233 of 2023 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioner / Accused No.4, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Section 379 of IPC read 1/4
with Section 21(1) of Mines and Minerals (Development and Regulations) Act, in Crime No.233 of 2023 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that on 20.07.2023 at about 05.00 am, the petitioner was illegally transporting 1/4 unit of river sand in a bullock card. Hence the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He has been falsely implicated in this case. Therefore, seeks for the relief of anticipatory bail.
4. The learned Additional Public Prosecutor would submit that no previous case is pending against the petitioner.
5. Taking into consideration the facts and circumstances of the case and considering the fact that no previous case has been pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, this Criminal Original Petition is allowed and the petitioner is directed to deposit a sum of Rs.3,500/-(Rupees Three Thousand and Five Hundred only) to the credit of the Crime No.233 of 2023 before the trial Court.
7. On such deposit, the petitioner is directed to be released on bail in the event 2/4
of arrest or on his appearance, before the learned District Munsif cum Judicial Magistrate, Peravurani, on condition that the petitioners 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 learned Magistrate concerned and the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
8. The 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/- 26/07/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
PNN TO THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE,PERAVURANI.
DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT @ KUMBAKONAM.
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THE INSPECTOR OF POLICE SETHUBAVACHATHIRAM POLICE STATION, THANJAVUR DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.13615 of 2023 Date :26/07/2023 PKP/MR/SAR- /08.08.2023/ 4P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4