Sivaraj Pandiyan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/11/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Sivaraj Pandiyan ... Petitioner/Accused No.6 Vs The State Rep. By, The Inspector of Police, VK Puram Police Station, Thirunelveli District.

Cr.No.342/2022.

... Respondent/Complainant For Petitioner : M/s.Aravindraj R, Advocate.

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.342/2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/Accused No.6, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 379 of IPC, in Crime No.342 of 2022, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner had illegally taken 1 unit of river sand in Thamirabarani river by using Tractor. 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. However, he would further submit that the petitioner is the owner of the vehicle. A1 to A5 were arrested and later, released on bail. No previous case is pending against him. Hence, he prays for anticipatory bail.

4.The learned Government Advocate (Crl.Side) appearing for the respondent police would submit that totally 6 accused are involved 1/3

in this case. The petitioner was arrayed as A6. The petitioner along with other accused had illegally taken 1 unit of river of sand worth about Rs.4,000/-. A1 to A5 were arrested and later, released on bail. No previous case is pending against the petitioner. The investigation in this case 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 facts that co-accused were released on bail and no bad antecedent is reported against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, the petitioner shall pay a sum of Rs.1,000/- (Rupees Thousand only) to the credit of the Head Mistress, MDU East PU Primary School, Y.Othakadai, Madurai (SBI Bank, CIF No.80080760812, A/c No.10111536270, IFSC No.SBIN0002246), Phone No.2422950, without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgement before the learned Judicial Magistrate, Ambasamuthiram. 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 District Munsif cum Judicial Magistrate, Ambasamuthiram, 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; 2/3

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 21/11/2022 / TRUE COPY / /11/2022 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

1. THE JUDICIAL MAGISTRATE, AMBASAMUTHIRAM.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3. THE INSPECTOR OF POLICE, VK PURAM POLICE STATION, TIRUNELVELI DISTRICT.

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

COPY TO :

THE HEAD MISTRESS, MDU EAST PU PRIMARY SCHOOL, Y.OTHAKADAI, MADURAI.

+1 CC to M/s.R.ARAVINDRAJ, Advocate ( SR-13383[I] dated 21/11/2022 )

ORDER

IN CRL OP(MD) No.20542 of 2022 Date :21/11/2022 DSS USK/BUC/SAR-I/28.11.2022/3P/7C 3/3