Sundaresan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.16231 of 2023 Sundaresan, ... Petitioner/Accused Rank Not Known Vs State rep. by The Inspector of Police, Madukkur Police Station, Thanjavur District.

(Crime No.201 of 2023).

... Respondent/Complainant For Petitioner : M/s.Karunakaran.K.M, 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.201 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/ Accused apprehends arrest at the hands of the respondent 1/5

police for the offences under Sections 379 of IPC r/w 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.201 of 2023, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 01.09.2023 at about 13.20 hrs, when the defacto complainant had conducted raid at Kalyana Odai Village, Madukkur, they found a tractor loaded with one unit of river sand without valid licence. Hence a complaint was lodged and a case was registered.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent and he has been falsely implicated in this case. He has not committed any offence as alleged by the prosecution. However, to show his bona fide, the petitioner has come forward to deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand only).

4. Learned Government Advocate (Crl.side) would submit that the petitioner was illegally transported 1 unit of river sand. No previous case has been registered against him.

5. Considering the nature of the mineral involved, and his willingness to pay a sum of Rs.15,000/- (Rupees Fifteen Thousand only) this Court is inclined to grant anticipatory bail to the petitioner.

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6. Accordingly, this Criminal Original Petition is allowed on condition that (i) 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. ii) further, the petitioner shall deposit a sum of Rs. 10,000/- (Rupees Ten Thousand only) to the credit of Crime No.201 of 2023 before the learned Judicial Magistrate, Pattukottai.

7. On such deposit, the petitioner is ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate, Pattukottai, 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 petitioners 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 is made ready, failing which, the petition for anticipatory bail will stand dismissed. sd/- 08/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNN TO

1. The Judicial Magistrate, Pattukottai.

2. Do-Through The Chief Judicial Magistrate, Thanjavur District at Kumbakonam.

3. The Inspector of Police, Madukkur Police Station, Thanjavur District.

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

COPY TO 1 THE REGISTRAR JUDICIAL, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI, 4/5

2 THE OFFICER INCHARGE KALAIGNAR CENTENARY LIBRARY, MADURAI.

+1 CC to M/s.K.M.KARUNAKARAN, Advocate ( SR-13399[I] dated 08/09/2023 )

ORDER

IN CRL OP(MD) No.16231 of 2023 Date :08/09/2023 SSA/JGB/26.09.2023/5P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5