Sudalaikan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/10/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Sudalaikan ... Petitioner/Sole Accused Vs The Inspector of Police, Panagudi Police Station, Panagudi, Tirunelveli District.
(Crime No.402/2022)..
... Respondent/Complainant For Petitioner : M/s.Pragalathan N, For Respondent : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.402/2022 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Section 379 (Sand Theft)I.P.C, in Crime No.402 of 2022, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 21.10.2022, the accused illegally transported one unit of gravel sand, without any valid permission in the vehicle. Therefore, the present case came to be registered.
3.On the side of the petitioner, it is stated that the petitioner is innocent and he has been falsely implicated in this case. He is noway connected to the occurrence. Hence, prays to release him on anticipatory bail.
4. On the side of prosecution, it is stated that the petitioner has transported mineral illegally. The petitioner is having two 1/3
previous cases at his credit. In this case, investigation is still pending and hence, strongly opposed to grant anticipatory bail.
5. Considering the facts and circumstances of the case, nature of the offence and the nature of allegation levelled against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner.
6. Accordingly, this Criminal Original Petition is allowed and 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 Judicial Magistrate, Valliyoor, Tirunelveli District, 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;
(b)the petitioner shall report before the respondent police daily at 10:30 am., until further orders;
(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(d)the petitioner shall be present before the Court on hearing dates and before the respondent police as and when required; (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/- 28/10/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, VALLIYOOR, TIRUNELVELI DISTRICT.
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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT.
3 THE INSPECTOR OF POLICE PANAGUDI POLICE STATION, PANAGUDI, TIRUNELVELI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.PRAGALATHAN N Advocate SR.No.12158
ORDER
IN CRL OP(MD) No.19141 of 2022 Date :28/10/2022 SS/GB/SAR I/03/11/2022/ 3P 6C 3/3