Rameshkumar v. The Inspector Of Police

CRL OP(MD). No.19204 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/12/2021 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.19204 of 2021 Rameshkumar ... Petitioner/2nd Accused Vs The State rep.by, The Inspector of Police, Eruvadi Police Station, Tirunelveli District. (Crime No.272 of 2021) ... Respondent/Complainant For Petitioner : Mr.D.Venkatesh, Advocate.

For Respondent : Mr.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL UNDER SEC.438 OF CR.P.C PRAYER :-For Anticipatory Bail in Crime No.272 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.2, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 379 IPC, in Crime No.272 of 2021, seeks anticipatory bail. 2.The case of the prosecution is that the accused persons illegally transported rough stones without any valid permit in the vehicle bearing registration No.TN 72 AW 3379. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent and that he petitioner is the owner of the alleged vehicle and the driver of the vehicle was already arrested and released on bail. He would further submit that without the knowledge of the petitioner, the driver used the vehicle for transportation of rough stones.

4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner is not having any previous case at his credit and the investigation is not yet completed.

5.Considering the facts and circumstances of this case, that the petitioner is not having any previous case at his credit, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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CRL OP(MD). No.19204 of 2021 6.Accordingly, the petitioner shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of the District Mineral Foundation Trust, Tirunelveli, without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before the Judicial Magistrate, Nanguneri. 7.On production of such receipt/acknowledgment, the petitioner is ordered to be released on bail in the event of arrest or his appearance, before the learned Judicial Magistrate, Nanguneri and on his executing 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 am for a period of one month and thereafter, as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

8.The petitioner shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 06/12/2021 / TRUE COPY / / /2021 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, NANGUNERI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE ERUVADI POLICE STATION, TIRUNELVELI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO:

THE OFFICER INCHARGE, DISTRICT MINERAL FOUNDATION TRUST,TIRUNELVELI. ORDER IN CRL OP(MD) No.19204 of 2021 Date :06/12/2021 PNM MK/VR/SAR.II/09.12.2021/3P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2