Periyandavar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/01/2021 PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR
1. Periyandavar
2. Pavalakadal
3. Sivakumar ... Petitioners/Accused Nos.1 to 3 Vs The State rep.by The Inspector of Police, Rajathani Police Station, Rajathani, Theni District.
(Crime No. 329 of 2020).
... Respondent/Complainant For Petitioners : Mr.J.Sulthan Basha, Advocate for M/s.Ajmal Associates, For Respondent : Mr.A.P.G.Ohm Chairma Prabhu, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.329 of 2020 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioners/ accused apprehending arrest at the hands of the respondent police for the offence punishable under sections 379 of IPC and 21(4) of Mines and Minerals (Development and Regulation) Act, 1957 on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that the petitioners were found in illegal possession of one unit of sand. 1/3
3.The learned counsel appearing for the petitioners submitted that the petitioners never involved in such type of offence and they are innocent.
4.The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that no previous case is pending against the petitioners.
5.Considering the facts and circumstances of the case and also considering the fact that there is no previous case pending against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6.Accordingly, the petitioners shall draw a demand draft in favour of The Dean, Government Rajaji Hospital, Madurai for a sum of Rs.15000/- (Rupees Fifteen thousand only) without prejudice to his 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, Theni, on condition that the petitioners shall execute a bond for a sum of Rs.
(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 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;
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(f)if the accused/petitioners thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 27/01/2021 / 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, THENI.
2.-DO-THRO'THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.
3 THE INSPECTOR OF POLICE, RAJATHANI POLICE STATION, RAJATHANI, THENI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:
THE DEAN, GOVERNMENT RAJAJI HOSPITAL, MADURAI.
+1 CC to M/s.AJMAL ASSOCIATES, Advocate (SR-520[I] dated 29/01/2021)
ORDER
IN CRL OP(MD) No.15898 of 2020 Date :27/01/2021 AAV MS/JC/SAR-II (01/02/2021) 3P / 7C 3/3