Malaiyappan v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

¶1Malaiyappan

¶2Durai

¶3Muthusamy

¶4Periyathambi ... Petitioners / Accused Rank not known Vs State rep by The Inspector of Police, Vattathikottai Police Station, Thanjavur District. (Crime No.575/2023.) ... Respondent / Complainant

For Petitioners : M/s. R.Balamuruganantham, Advocate.

For Respondent : Mr.S.Manikandan,

Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 575/2023 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioners/Accused, apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 379 I.P.C and Section 21(1) of Mines and Minerals (Development & Regulation) Act, 1957, in Crime No.575 of 2023, on the file of the respondent police, seek anticipatory bail.

¶2The case of the prosecution is that the petitioners have illegally transported the 1/4 unit of river sand. Hence the complaint.

¶3The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case and they have not committed any offence as alleged by the prosecution. However, to show their bona fide, the petitioners have come forward to deposit a sum of Rs.7,500/- (Rupees Seven Thousand and five hundred only) jointly.

¶4The learned Government Advocate (Crl. Side) for the respondent police submitted that the petitioners have transported the 1/4 unit of river sand illegally. He further submitted that the petitioners are not having any previous cases.

¶5Considering the nature of the mineral involved, and their willingness to pay a sum of Rs.7.500/- (Rupees Seven Thousand and Five Hundred only) jointly, this Court is inclined to grant anticipatory bail to the petitioners.

¶6Accordingly, this Criminal Original Petition is allowed on condition that the petitioners shall deposit a sum of Rs.7,500/- (Rupees Seven Thousand and Five Hundred only) jointly, to the credit of the Account Number (A/c.No.7567821433, Indian Bank, High Court Branch Madurai (2001), IFSC Code:IDIB000H040) opened by the Registrar Judicial, Madurai Bench of Madras High Court, Madurai, for donating law books in the name of "Madurai Bench of Madras High Court" in Kalaignar Centenary Library, Madurai, without prejudice to their rights and contentions before the trial Court.

¶7On such deposit, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate, Pattukkottai, Thanjavur District, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only)each, with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and the petitioners shall appear before the respondent police every Saturday at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

¶8The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail will stand dismissed.

sd/-

25/08/2023

/ TRUE COPY /

/09/2023

Sub-Assistant Registrar (C.S. )

Madurai Bench of Madras High Court,

Madurai - 625 023. TTA To

1.The Judicial Magistrate, Pattukkottai, Thanjavur District.

2.Do through the Chief Judicial Magistrate, Thanjavur District at Kumbakonam.

3.The Inspector of Police, Vattathikottai Police Station, Thanjavur District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Copy to:

1.The Registrar (Judicial), Madurai Bench of Madras High Court, Madurai.

2.The Officer Incharge, Kalaignar Centenary Library, Madurai. +1 CC to M/s.R.BALAMURUGANANTHAM, Advocate ( SR-12831[I] dated 25/08/2023 ) ORDER IN CRL OP(MD) No.15495 of 2023 Date :25/08/2023 ED/VRS/SAR- (07/09/2023) 4P / 8 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023