Visayalayan @ Visalan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/10/2022 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI CRL OP(MD). No.17698 of 2022
1. Visayalayan @ Visalan
2. Karthick ... Petitioners/Accused 1 & 2 Vs State rep.by The Inspector of Police, Kallaperambur Police Station, Thanjavur District.
(Crime No.75/2021).
... Respondent/Complainant For Petitioners : M/s. Vadivel.P, 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.75 of 2021 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 of IPC r/w Section 21(1) of Mines and Minerals (Development and Regulation) Act 1957, in Crime No.75 of 2021, on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that the petitioners have illegally transported 1 1⁄2 unit of river sand without any valid permit. Hence, the complaint.
3.On the side of petitioners, it is stated that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. He would further submit that the petitioners shall abide any condition imposed by this Court. 4.On the side of prosecution, it is stated that the petitioners are not having any bad antecedent at their credit. Hence, strongly opposed to grant anticipatory bail.
5.Considering the facts and circumstances of the case and also the nature of allegation levelled against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6.Accordingly, the petitioners shall deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand only) each to the credit of the Advocate Clerk Welfare Association, Tanjore District, without prejudice to their rights and contentions before the trial Court and produce the receipt/acknowledgment before the trial Court. 7.On production of such receipt/acknowledgment, 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 Judicial Magistrate No.II, Thanjavur District, 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 on further conditions that: [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 Aadhaar card or bank pass book to ensure their identity.
[b]the petitioners shall report before respondent police as and when required for interrogation;
[c]the petitioners shall not tamper with the 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].
[f]If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.
Sd/- 06/10/2022 / TRUE COPY / /10/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
PNM TO
1. THE JUDICIAL MAGISTRATE NO.II, THANJAVUR DISTRICT.
2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.
3. THE INSPECTOR OF POLICE, KALLAPERAMBUR POLICE STATION, THANJAVUR DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:
THE OFFICER INCHARGE, ADVOCATE CLERK WELFARE ASSOCIATION, TANJORE DISTRICT.
+1. CC to M/S. VADIVEL.P Advocate SR.No.10961
ORDER
IN CRL OP(MD) No.17698 of 2022 Date :06/10/2022 SP/SVR/SAR /11/10/2022/3P/7C