Alagarraja v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26.09.2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN 1.Alagarraja 2.Selvam @ Govindaraja ... Petitioners/Accused Vs The State rep.by, The Inspector of Police, Watrap Police Station, Virudhunagar District.
Crime No.225 of 2022.
... Respondent/Complainant For Petitioners: Mr.S.Muniyandi 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.225 of 2022 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 379 IPC and Section 21(iv) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.225 of 2022, seek anticipatory bail.
The case of the prosecution is that the petitioners have illegally transported two units of red sand. Hence, the complaint. 3.The learned counsel for the petitioners would submit that the petitioners are innocents and they have been falsely implicated in this case. However, he would further submit that the petitioners shall abide any condition imposed by this Court. Hence, he prays for anticipatory bail to the petitioners.
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4.The learned Government Advocate (Crl.Side) appearing for the respondent police would submit that the petitioners have transported two units of red sand illegally. He would further submit that the petitioners are having no previous case and the investigation in this case is still pending. Hence, he strongly opposed for grant of anticipatory bail to the petitioners.
5.Considering the facts and circumstances of the case and also considering the nature of the offence, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.Accordingly, the petitioners shall pay a sum of Rs.2,000/- (Rupees Two Thousand only) to the credit of Annai Sathya Ammaiyar Memorial Government Home for Destitute Children, Dr.Thangaraj Colony, K.K.Nagar, Madurai-625 020 (SBI Bank, CIF No.89263656176, IFSC No: SBIN0007922, A/c No.37487255860) Phone No.2529809, without prejudice to their rights and contentions before the trial Court and produce the receipt/acknowledgement before the learned Judicial Magistrate No.II, Srivilliputtur, Virudhunagar District. 7.
On production of such receipt, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Srivilliputtur, Virudhunagar District, on condition that the petitioners shall execute a bond for a sum of Rs.
(a)the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
(b)the petitioners shall report before the respondent police daily at 10.30 am until further orders.
(c)the petitioners shall not tamper with evidence or witness either during investigation or trial;
(d)the petitioners shall not abscond either during investigation or trial;
(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;
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(f)if the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.
sd/- 26/09/2022 / TRUE COPY / /10/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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 NO.II, SRIVILLIPUTHUR.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3 THE INSPECTOR OF POLICE WATRAP POLICE STATION, VIRUDHUNAGAR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:
THE OFFICER INCHARGE, ANNAI SATHYA AMMAIYAR MEMORIAL GOVERNMENT HOME FOR DESTITUTE CHILDREN, DR.THANGARAJ COLONY, K.K.NAGAR, MADURAI-625 020 +1 CC to M/s.S.MUNIYANDI, Advocate ( SR-10496[I] dated 26/09/2022 )
ORDER
IN CRL OP(MD) No.17141 of 2022 Date :26/09/2022 SJI MK/GB/SAR.II/06.10.2022/3P/7C 3/3