Prabu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/12/2021 PRESENT The Hon`ble Mrs.Justice S.ANANTHI Prabu ... Petitioner/Accused No.1 Vs State Rep.by The Inspector of Police, Budalur Police Station, Thanjavur District.

Cr.No.474 of 2021. ... Respondent/Complainant For Petitioner : Mr. Sathya Chidambaram.S, 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.474 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/Accused No.1, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 379 of IPC and 21(1) of Mines and Minerals (Development & Regulations) Act, in Crime No.474 of 2021, seeks anticipatory bail. 2.The case of the prosecution is that the accused person had illegally transported five bags of river sand without any valid permission. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he is not having any previous case at his credit.

4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner is not having any previous case at his credit.

5.Considering the facts and circumstances of this case, that the petitioner is not having any previous case at his credit and his willingness to pay a sum of Rs.3,500/- to the Chief Minister's Relief Fund, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, the petitioner shall pay a sum of Rs.3,500/- (Rupees Three Thousand Five Hundred only) to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai9 (Account No.11720 1000 00070, IFSC Code:IOBA0001172), without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before (**)the learned Judicial Magistrate, Thiruvaiyaru, Thanjavur District, 7.On production of such receipt/acknowledgment, the petitioner is ordered to be released on bail in the event of arrest or his appearance, before (*)the learned Judicial Magistrate, Thiruvaiyaru, Thanjavur District, and on his executing 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 petitioner shall appear before the respondent police daily at 10.30 am for a period of one month and thereafter, as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 8.The petitioner shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 29/12/2021 (*)Amended as per order of this Hon'ble Court dated 12.01.2022 in Crl MP (MD).No.503/2022 in Crl.OP (MD).No.21086 /2021.

(**)Amended as per order of this Hon'ble Court dated 27.06.2022 in Crl MP (MD).No.7174/2022 in Crl.OP (MD).No.21086 /2021.

Further, time for surrender is also extended for a period of 15 days, from the date of receipt of copy of this order.

/ TRUE COPY / /07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO TO BE SUBSTITUTED THE ORDER DATED 29/12/2021 ALREADY DESPATCHED. 1 THE JUDICIAL MAGISTRATE, THIRUVAIYARU, THANJAVUR DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE JUDICIAL MAGISTRATE, SRIRANGAM, TRICHY.

4 DO THORUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY.

5 THE INSPECTOR OF POLICE BUDALUR POLICE STATION, THANJAVUR DISTRICT.

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

COPY TO THE OFFICER-INCHARGE, CHIEF MINISTER PUBLIC RELIEF FUND, GOVERNMENT OF TAMIL NADU, SECRETARIAT, CHENNAI-9.

ORDER

IN CRL OP(MD) No.21086 of 2021 Date :29/12/2021 RS/VR/SAR.4 (03.01.2022) 3P-6C SS/SBN/SAR I/09/02/2022/3P/8C MK/PN/SAR.II/04.07.2022/3P/8C