Ramachandran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1. Ramachandran,

2. Sangili,

3. Palanisamy ... Petitioners/A1 - A3 Vs State Rep.by The Inspector of Police, Shanarpattai Police Station, Dindigul District.

(Crime No.264 of 2023).

... Respondent/Complainant For Petitioners :

M/s.Arjun.S, Advocate.

For Respondent :

Mr.R.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime no.264 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused No.1 to 3, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 379 r/w 511 and 1/4

506 (ii) of IPC, in Crime No.264 of 2023, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners are illegally involved in transportation of sand from the pond belongs to the Village. When the same was questioned by one Suresh Kaspar, who belongs to the above said Village, the petitioners threatened them with dire consequences. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that investigation is still pending. The third petitioner has stated that there was agreement between himself and first, second and fourth accused for taking sand. He was not aware to what extend the above sand would be taken by the above said persons. Subsequent to the filing of the petition first accused was arrested and released on bail. The learned Government Advocate (Crl. Side) would submit that only with the help of this petitioners, the above said sand has been taken by the fourth accused.

5. Considering the limited role played by the petitioners, this Court is inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Criminal Original Petition is allowed and the petitioners are 2/4

ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate No.III, Dindigul, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and the petitioners shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. The petitioners 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/- 22/09/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TM TO 1 THE JUDICIAL MAGISTRATE NO.III, DINDIGUL.

2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, DINDUGAL DISTRICT. 3 THE INSPECTOR OF POLICE, SHANARPATTAI POLICE STATION, DINDIGUL DISTRICT.

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

ORDER

IN CRL OP(MD) No.14916 of 2023 Date :22/09/2023 RS/MGA/SAR-(09.10.2023) 4P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4