Mariappan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/09/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.16218 of 2022 Mariappan ... Petitioner/Accused No.4 Vs State rep.by The Inspector of Police, Ilathur Police Station, Tirunelveli District.

(Crime No.160 of 2020).

... Respondent/Complainant For Petitioner : M/s.Susi Kumar C, Advocate.

For Respondent : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.160 of 2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A4, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 468, 471 and 379 IPC in Cr.No.160 of 2020, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner and other accused have illegally transported one unit of gravel sand without any valid permit. Hence, the complaint.

3.On the side of the petitioner, it is stated that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and prayed the petitioner to be released on anticipatory bail.

4.On the side of the prosecution, it is stated that totally four accused involved in this case and A1 and A3 were already released on bail by the Sessions Court. It is further stated that the petitioner is having no previous case.

5.Considering the nature of the offence alleged and on considering the fact that A1 and A3 were already released on bail by the Sessions Court and also considering the fact that the petitioner is having no previous case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.Accordingly, the petitioner shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of Crime No.160 of 2020 before the learned Judicial Magistrate Court, Senkottai, without prejudice to his rights and contentions before the trial Court and produce the receipt before the trial Court. 7.

On production of such receipt, 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 Court, Senkottai, on condition that the petitioner shall execute a bond for a sum of Rs.

[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 Aadhaar card or bank pass book to ensure their identity.

[b]the petitioner shall report before respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation.

[c]the petitioner shall not tamper with the evidence or witness either during investigation or trial.

[d]the petitioner shall be present before the Court on hearing dates and before the respondent police as and when required; [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/- 15/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI 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, SENKOTTAI.

2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3. THE INSPECTOR OF POLICE, ILATHUR POLICE STATION, TIRUNELVELI DISTRICT.

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

ORDER

IN CRL OP(MD) No.16218 of 2022 Date :15/09/2022 SP/SVR/SAR I/21/09/2022/3P/5C