A.Kathiresan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/11/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.20484 of 2022 A.Kathiresan ... Petitioner/Sole Accused Vs State rep.by The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.
(Crime No.322/2022) ... Respondent/Complainant For Petitioner : M/s.Subash Babu M, Advocate. For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.322/2022 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioner/Sole Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 379 IPC r/w 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.322 of 2022, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner has illegally transported 21⁄2 unit of river sand, worth about Rs.20,000/-. Hence, the complaint.
3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this
case. He would further submit that the petitioner shall abide any condition imposed by this Court. Hence, he prays for anticipatory bail.
4.The learned Government Advocate (Crl.Side) appearing for the respondent police would submit that the petitioner has transported 2 1⁄2 unit of river sand illegally. The petitioner is having five previous cases, out of which, three cases are similar in nature and the investigation is not yet completed. Hence, he strongly opposed to grant anticipatory bail.
5.Considering the facts and circumstances of the case and also considering the nature of the offence, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.Accordingly, the petitioner shall pay a sum of Rs.7,000/- (Rupees Seven Thousand only) to the Mediation and Conciliation Centre, attached to the Madurai Bench of Madras High Court, Madurai, without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgement before the learned Judicial Magistrate, Thirupuvanam, Sivagangai District. 7.
On production of such receipt, 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 of receipt of a copy of this order, before the learned Judicial Magistrate, Thirupuvanam, Sivagangai District, on condition that the petitioner shall execute a bond for a sum of Rs.
(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 not abscond either during investigation or trial;
(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/- 18/11/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.
SJI TO
1. THE JUDICIAL MAGISTRATE, THIRUPUVANAM, SIVAGANGAI DISTRICT.
2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.
3. THE INSPECTOR OF POLICE, THIRUPUVANAM POLICE STATION, SIVAGANGAI DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO :
THE CO-ORDINATOR, MEDIATION AND CONCILIATION CENTRE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. (SOFT COPY) +1. CC to M/S.SUBASH BABU M Advocate SR.No.13297
ORDER
IN CRL OP(MD) No.20484 of 2022 Date :18/11/2022 SP/SSS/SAR I/25/11/2022/3P/6C