Durairaj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.15179 of 2023 Durairaj ... Petitioner/Accused No.2 Vs The State rep. by The Inspector of Police, Vellanur Police Station, Pudukkottai District.

Crime No.143 of 2023. ... Respondent/Complainant For Petitioner : Mr.Ganapathi Subramanian.P, Advocate.

For Respondent : Mr.R.Suresh Kumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.143 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/2nd Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Section 379 I.P.C r/w 1/5

Sections 21(5) of Mines and Minerals (Development & Regulation) Act, 1957, in Crime No.143 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 12.08.2023 at about 9.00 p.m., when the respondent was on his routine patrol duty near Nagapalaiyam main road, they intercepted a tipper lorry bearing Registration Number TN 63 AX 9992 carrying three units of broken stones without permit. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. This petitioner is the owner of the vehicle. However, to show his bona fide, the petitioner has come forward to deposit a sum of Rs.5,000/- (Rupees Five Thousand only).

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that the petitioner has transported 3 units of broken stones illegally. He further submitted that there is no previous case pending against the petitioner herein.

5. Considering the nature of the mineral involved, the antecedents of the petitioner and his willingness to pay a sum of Rs.5,000/- (Rupees Five Thousand only) this Court is inclined to grant anticipatory bail to the petitioner. 2/5

6. Accordingly, this Criminal Original Petition is allowed. The petitioner shall deposit a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of the Account Number (A/c.No.7567821433, Indian Bank, High Court Branch Madurai (2001), IFSC Code:IDIB000H040) opened by the Registrar Judicial, Madurai Bench of Madras High Court, Madurai, for donating law books in the name of "Madurai Bench of Madras High Court" in Kalaignar Centenary Library, Madurai, without prejudice to his rights and contentions before the trial Court.

7. On such deposit being made, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate No.II, Pudukkottai, on condition that the petitioner 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 the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 3/5

8. The petitioner 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/- 21/08/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Indu TO 1 THE JUDICIAL MAGISTRATE NO II PUDUKKOTTAI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE PUDUKKOTTAI 3 THE INSPECTOR OF POLICE VELLANUR POLICE STATION, PUDUKOTTAI DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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COPY TO 1 THE REGISTRAR JUDICIAL MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 2 THE OFFICE INCHARGE KALAIGNAR CENTENARY LIBRARY, MADURAI.

ORDER

IN CRL OP(MD) No.15179 of 2023 Date :21/08/2023 SSA/DD/01.09.2023/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5