Rajesh Kumar v. The Sub 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

1. Rajesh Kumar @ Raj

2. Ramakrishnan ... Petitioners/Accused Nos.4 & 5 Vs The State rep.by, The Sub Inspector of Police, Munneerpallanm Police Station, Tirunelveli District.

Crime No.256/2022.

... Respondent/Complainant For Petitioner : M/s.Suresh Kannan C, Advocate.

For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No.256/2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Section 379 IPC in Crime No.256 of 2022, seek anticipatory bail. 2.The case of the prosecution is that the petitioner and other accused said to have transported the pond sand illegally by using Tipper Lorry. Hence, the complaint.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He would further submit that the co-accused has already been released on bail.

4.The learned Government Advocate (Crl.side) appearing for the respondent police submitted that the property has been recovered and there is no previous case against the petitioner. 1/3

5. Considering the facts and circumstances of the case and also considering the fact that the petitioner is not having any previous case, this Court is inclined to grant anticipatory bail to the petitioners.

6.Accordingly, this criminal original petition is allowed and 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.V, Tirunelveli District, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 the respondent police once in a week i.e., on every Wednesday at 10.30 am for a period of six weeks and thereafter, 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 petitionersin accordance with law as if the conditions have been imposed and the petitionersreleased 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]. sd/- 06/10/2022 / TRUE COPY / /10/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDICIAL MAGISTRATE NO.V, TIRUNELVELI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT.

3 THE SUB INSPECTOR OF POLICE MUNNEERPALLANM POLICE STATION, TIRUNELVELI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.17783 of 2022 Date :06/10/2022 TRP MK/GB/SAR. /10.10.2022/3P/5C 3/3