K Krishna Prakash v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01.10.2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY K.Krishna Prakash ... Petitioner/Accused Rank not known Vs The Sub-Inspector of Police, Anjugramam Police Station, Kanniyakumari District.

Crime No.425/2024.

... Respondent/Complainant For Petitioner : Mr.S.Krishna Kumar, Advocate.

For Respondent : Mr.A.Albert James Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS / 438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.425 of 2024 on the file of the Respondent police.

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ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent Police for the alleged offence under Sections 303(2) of BNS, in Crime No.425 of 2024, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner had illegally transported one unit of M-sand. Hence, the complaint.

3. Heard the learned counsel on either side and perused the material records of the case.

4. Considering the facts and circumstances of the case and also considering the quantity of minerals involved, I am inclined to enlarge the petitioner on anticipatory bail with certain conditions.

5. Accordingly, this Petition is allowed and the petitioner is ordered to be released on bail in the event of his arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned (*) Judicial Magistrate Court No.III, Nagercoil, Kanniyakumari District, on condition that the 2/6

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 is directed to deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand only) to the credit of the Environmental Committee Operated by the Registrar (Judicial) [Account No.

7633863037; MICR Code: 625019020, CIF No: 30602376727, IFSC Code: IDIB000H040, High Court Branch, Madurai (2001)], without prejudice to their rights and contentions before the trial Court. Only upon deposit, the petitioners shall be enlarged on anticipatory bail; [c]the petitioner shall report before the respondent police daily at 10.30 a.

investigation or trial;

(e)the petitioner shall not abscond either during investigation or trial; (f)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; (g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 01/10/2024 (*) Amended as per order of this Hon'ble Court in CRL MP(MD)NO.12507 of 2024 in CRL OP(MD).

16683 of 2024 dated 21.11.2024 by NAVJ Time is extended by ten days from the date of receipt of a copy of this order to comply the order of this Court in Crl.O.P(MD)No.16683 of 2024 dated 01.10.2024.

/ TRUE COPY / /11/2024 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

jbr 4/6

TO TO BE SUBSTITUTED WITH THE ORDER ALREADY DATED 01/10/2024 ALREADY DESPATCHED.

1. THE JUDICIAL MAGISTRATE, COURT NO.2, NAGERCOIL, KANNIYAKUMARI DISTRICT,

2. (*) THE JUDICIAL MAGISTRATE, COURT NO.III, NAGERCOIL, KANNIYAKUMARI DISTRICT.

3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT @ NAGERCOIL.

4. THE SUB-INSPECTOR OF POLICE, ANJUGRAMAM POLICE STATION, KANNIYAKUMARI DISTRICT.

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

COPY TO THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1CC TO MR.S.KRISHNAKUMAR, Advocate SR-14345(I) dated 21/11/2024

ORDER

IN CRL OP(MD) No.16683 of 2024 Date :01/10/2024 5/6

RK/JGB(18/10/2024) 6P / 6C PSP/ VR /SAR /26.11.2024/ 6P/ 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6