Mani @ Manikandan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Mani @ Manikandan, ... Petitioner/Accused No.3 Vs The Inspector of Police, Manamelkudi Police Station, Pudukottai District.

Crime No.158/2024..

... Respondent/Complainant For Petitioner : Mr.K.Kharikharadas, Advocate. For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL UNDER SECTION 482 OF BNSS PRAYER :- For Anticipatory Bail Crime.158/2024 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner/A3, who apprehends arrest at the hands of the respondent police 1/4

for the offence punishable under Section 303(2) of BNS, 2023 r/w 21(1), 21(2) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.158 of 2024, seeks anticipatory bail.

2.The case of the prosecution is the petitioner and the other accused have illegally transported 1/4 unit of kanmai sand. Hence, the complaint. 3.Heard both sides.

4.Considering the nature of the offence and also considering the fact that there are no bad antecedents as against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 5.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing 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 District Munsif Cum Judicial Magistrate Court, Manamelkudi. (i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; (ii)the petitioner shall report before the respondent police as and when required for interrogation;

(iii)the petitioner shall not tamper with evidence or witness; 2/4

iv)the petitioner shall not abscond during trial. v)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]. vi)If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

sd/- 19/08/2024 / 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 COURT, MANAMELKUDI.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT.

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3 THE INSPECTOR OF POLICE MANAMELKUDI POLICE STATION, PUDUKOTTAI DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.13507 of 2024 Date :19/08/2024 PSP/JGB/SAR /27.08.2024/ 4P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4