K.Shanmugam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY K.Shanmugam ... Petitioner/Accused No.2 Vs The Inspector of Police, K.Paramathi Police Station, Karur District.

(Crime No.229 of 2024).

... Respondent/Complainant For Petitioner :

M/s.Antony Arul Raj.T, Advocate.

For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.229/2024 on the file of the respondent police. 1/5

ORDER : The Court made the following order :- The petitioner/A2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 379 of IPC and Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.229 of 2024, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner and the other accused have illegally transported 2 units of ordinary stones. Hence, the complaint. 3.Heard both sides.

4.Considering the facts and circumstances of the case and also considering the nature of the offence alleged, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

5.Accordingly, the petitioner shall pay a sum of Rs.6,000/- (Rupees Six Thousand only) to the credit of Headmistress, Government Higher Secondary School, E.Malampatti, Melur Taluk, Madurai District. (Account No.10662832760, CIF No; 80521814092, IFSC Code: SBIN0000258, State Bank of India, Melur Branch, Madurai),without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgement before the learned District Munsif Cum Judicial Magistrate, Aravakurichi, Karur District. 6.On production of such receipt, the petitioner is ordered to be released on bail 2/5

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 District Munsif Cum Judicial Magistrate, Aravakurichi, Karur District, 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 learned Magistrate concerned and on further conditions that:

(a)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; (b)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; (c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioner 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 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

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

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

DSS To 1.The District Munsif cum Judicial Magistrate, Aravakurichi, Karur District.

2.Do through the Chief Judicial Magistrate, Karur District.

3.The Inspector of Police, K.Paramathi Police Station, Karur District.

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

Copy to:

The Headmistress, Government Higher Seconday School, E.Malampatti, Melur Taluk, Madurai District.

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+1 CC to M/s.T.ANTONY ARUL RAJ, Advocate ( SR-9565[I] dated 07/08/2024 )

ORDER

IN CRL OP(MD) No.12862 of 2024 Date :07/08/2024 ED/ GS /SAR- (19/08/2024) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5