S.Lingam v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY S.Lingam ... Petitioner/Sole Accused Vs The State of Tamil Nadu, Rep by the Inspector of Police, Dhalavaipuram Police Station, Virudhunagar District.

(Crime No. 225/2024.) ... Respondent/Complainant For Petitioner :

M/s. Susikumar.C, Advocate.

For Respondent :

Mr.A.Albert James, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.48 of BNSS PRAYER :- For Anticipatory Bail in Crime No. 225 of 2024 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/Sole Accused, who apprehends arrest at the hands of the 1/4

respondent police for the offences punishable under Sections 303(2) of Bharatiya Nyaya Sanhita and 21(4) of Mines and Minerals (development and Regulation) Act, 1957, in Cr.No.225 of 2024, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner has illegally transported 1 1/2 units of kanmai sand. Hence, the complaint. 3.Heard both sides.

4.Considering the argument of the learned counsel for the petitioner that there is permit from the concerned authority for removing top soil from the kanmai, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 5.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Rajapalayam, 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions that: (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 Aadhar card or Bank pass Book to ensure their identity; 2/4

(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 petitioner shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioner 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 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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 10/09/2024 / TRUE COPY / /09/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS 3/4

To 1.The Judicial Magistrate, Rajapalayam.

2.Do through the Chief Judicial Magistrate, Virudhunagar District at Srivilliputhur.

3.The Inspector of Police, Dhalavaipuram Police Station, Virudhunagar District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.M.JANANI PRIYA, Advocate ( SR-11147[I] dated 11/09/2024 )

ORDER

IN CRL OP(MD) No.15176 of 2024 Date :10/09/2024 ED/ SG /SAR- (24/09/2024) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4