M.Ramar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/09/2023 PRESENT The Hon`ble Mr.Justice P. DHANABAL M.Ramar ... Petitioner/Accused (Rank Not Known) Vs State Rep.by The Inspector of Police, Seithur Police Station, Virudhunagar District.

(Crime No.193 of 2023).

... Respondent/Complainant For Petitioner :

Mr.Prasanth, 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.193 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused rank not known, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 379 IPC r/w. 21

(4) of Mines and Minerals (Development and Regulations) Act, 1957, in Crime No.193 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 27.07.2023 at around 13.00 hours, when the respondent Police along with his Police officials were on patrolling duty near Chokkanathanputhur Kandaranjan Kanmai, they intercepted a tractor bearing 1/4

Registration No.TN 59 AX 1838 along with an unnumbered trailer and found that 1⁄2 unit of stones illegally transported by the second accused and the same was seized by the respondent Police. Hence, the case.

3. The learned counsel for the petitioner would contend that the petitioner is innocent and is no way connected with the alleged offences. The petitioner is the owner of the above said vehicle and on the basis of confession statement of coaccused, he has been implicated in this case.

4. The learned Government Advocate (Crl.Side) would submit that 1⁄2 unit of stones illegally transported by the accused persons. Further, no previous case is pending against the petitioner.

5. Heard both side and perused the materials available on record. 6.Considering the submissions on either side and also considering that no previous is pending against the petitioner, nature of offences and also the quantity of materials involved, this Court is inclined to grant anticipatory bail to the petitioner, subject to the following conditions:

7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Rajapalayam, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees 2/4

Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that: [a] the petitioner shall report before the respondent Police on every Saturday at 10.00 am., for the period of four weeks and thereafter, as and when required for interrogation.

[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial. [d] 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]. [e] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 29/09/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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INDU TO 1 THE JUDICIAL MAGISTRATE, RAJAPALAYAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTTUR.

3 THE INSPECTOR OF POLICE, SEITHUR POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1 CC to M/s.S.PRASANTH, Advocate ( SR-14395[I] dated 29/09/2023 )

ORDER

IN CRL OP(MD) No.17534 of 2023 Date :29/09/2023 RS/DD/SAR-(05.10.2023) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4