Senthil Murugan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/09/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI
1. Senthil Murugan
2. Murugan ... Petitioners/Accused Rank Not Known Vs The State Rep. By, The Inspector of Police, Checkanurani Police Station, Madurai District.
Crime No.177 of 2022.
... Respondent/Complainant For Petitioners : M/s.Karthick P, Advocate For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.177 of 2022 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 alleged offence punishable under Sections 379 and 21(5) of Mines and Minerals (Development & Regulation) Act, 1957, in Crime No.177 of 2022 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the petitioners were illegally running a gravel quarry, after the expiry of lease period. Therefore, the present case came to be registered.
3. On the side of petitioners, it is stated that the petitioners are innocent and they have been falsely implicated in this case. The prime accused A1 was already released on bail. Hence, prays to release them on anticipatory bail. 1/3
4. On the side of prosecution, it is stated that the petitioners are working under A1 and A1, who was running a quarry, after the expiry of lease period. He further submitted that the petitioners are not having any previous case.
5. Considering the nature of the offence and that the petitioners are not having any bad antecedent and that the coaccused was already enlarged on bail, this Court is inclined to grant anticipatory bail to the petitioners.
6. Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Usilampatti, on condition that the petitioners 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 on further conditions that: (a)the petitioners 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 the respondent police daily at 10.30 am for a period of two weeks and thereafter, as and when required for interrogation.
(c)the petitioners shall not tamper with the evidence or witness either during investigation or trial; (d)the petitioners shall be appear 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 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;
(f)if the accused/ petitioners thereafter absconds, a fresh FIR can be registered under Section 229-A IPC. sd/- 13/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO
1. THE JUDICIAL MAGISTRATE, USILAMPATTI.
2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
3. THE INSPECTOR OF POLICE, CHECKANURANI POLICE STATION, MADURAI DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.P.KARTHICK, Advocate ( SR-9969[I] dated 14/09/2022 )
ORDER
IN CRL OP(MD) No.16417 of 2022 Date :13/09/2022 pnm USK/VRS/SAR-II/16.09.2022/3P/6C 3/3