Kannusamy v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Date : 01.11.2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD)No.16828 of 2021 Kannusamy ... Petitioner/Sole Accused Vs State rep.by The Sub Inspector of Police, Annavasal Police Station, Pudukottai District.

(Crime No.579 of 2021) ... Respondent/Complainant For Petitioner : M/s.Ganapathi Subramanian.P, Advocate For Respondent : M/s.T.Senthil Kumar Additional Public Prosecutor P ETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.579 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order : The petitioner apprehending arrest for the offence punishable under under Section 379 IPC and Sections 21(1) and (2) of Mines and Minerals (Development & Regulation) Act, 1957, in Crime No.579 of 2021 on the file of the respondent Police seeks anticipatory bail. 2.The prosecution case is that the petitioner has illegally transported 2 unit of Kulathu man in tipper lorry. Hence the complaint.

3.Learned Counsel for the petitioner submits that the petitioner is an innocent and has not committed any offence as alleged by the prosecution, but, a false case has been foisted as against him.

4.Learned Government Advocate (Crl Side) appearing for the respondent submitted that the petitioner has transported two units of kulathu man. Further he has not involved in any other offence. 5.Considering the nature of mineral and the antecedent of the petitioner, this Court is inclined to grant anticipatory bail to the petitioner.

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 Judicial Magistrate, Illuppur 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 petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity.

[b]the petitioner shall report before respondent police as and when required.

[c]the petitioner shall not tamper with the 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]. [f]If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

Sd/- 01/11/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.II) 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 Judicial Magistrate, Illupur.

2.-do- Through The Chief Judicial Magistrate, Pudukkottai District.

3.The Sub Inspector of police, Annavasal Police Station, Pudukottai District.

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

ORDER

IN CRL OP(MD) No.16828 of 2021 Date :01/11/2021 SP/JM/SAR II/09/11/2021/3P/5C