Thirumeninathan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Thirumeninathan ... Petitioner / Sole Accused Vs State represented by The Inspector of Police, Thiruvonam Police Station, Thanjavur District.
Crime No.526 of 2023.
... Respondent / Complainant For Petitioner : M/s.A.V.Rajasekaran, Advocate For Respondent : Mr.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.526 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Section 379 I.P.C r/w Section (*)21(4) 1/5
of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.526 of 2023, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 19.07.2023, the accused has illegally transported of gravel sand in a tipper lorry. On seeking the police, the accused has escaped from the scene of occurrence. Hence the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. He has not committed any offence as alleged by the prosecution. However, to show his bona fide, the petitioner has come forward to deposit a sum of Rs.5,000/- (Rupees Five Thousand only).
4. The learned Government Advocate (Crl. Side) for the respondent police submitted that the petitioner has transported 6 units of gravel sand illegally. He further submitted that the petitioner is not having any previous cases.
5. Considering the nature of the mineral involved and his willingness to pay a sum of Rs.5,000/- (Rupees Five Thousand only) this Court is inclined to grant anticipatory bail to the petitioner.
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6. Accordingly, this Criminal Original Petition is allowed on condition that the petitioner shall deposit a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of the Account Number (A/c.No.7567821433, Indian Bank, High Court Branch Madurai (2001), IFSC Code:IDIB000H040) opened by the Registrar Judicial, Madurai Bench of Madras High Court, Madurai, for donating law books in the name of "Madurai Bench of Madras High Court" in Kalaignar Centenary Library, Madurai, without prejudice to his rights and contentions before the trial Court.
7. 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, before the learned Judicial Magistrate, Orathanadu, Thanjavur 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 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.
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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/- 31/07/2023 (*)AMENDED AS PER ORDER OF THE COURT DATED 07.09.2023 IN CRL MP (MD)NO.12865 OF 2023 IN CRL OP(MD) NO.13902 OF 2023 15 DAYS TIME IS GRANTED TO COMPLY THE ORDER IN CRL.O.P(MD) NO.13902 OF 2023, DATED 31.07.2023.
/ TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
pnn To TO BE SUSBSTITUTED WITH THE ORDER 31/07/2023 ALREADY DESPATCHED 1 THE JUDICIAL MAGISTRATE, ORATHANADU, THANJAVUR DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.
3 THE INSPECTOR OF POLICE, THIRUVONAM POLICE STATION, THANJAVUR DISTRICT.
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4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO 1 THE REGISTRAR JUDICIAL, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
2 THE OFFICER INCHARGE KALAIGNAR CENTENARY LIBRARY, MADURAI.
3 THE BRANCH MANAGER, INDIAN BANK, HIGH COURT BRANCH, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.A.V.RAJASEKARAN, Advocate SR-13292 ORDER IN CRL OP(MD) No.13902 of 2023 Date :31/07/2023 RS/MMS/SAR-1(14.08.2023) 5P 9C RK/VR/(14.09.2023)5P/9C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5