Vasantha v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.16668 of 2023

1.Vasantha

2.Velmurugan

... Petitioner/Accused Nos.3 and 4

Vs The State, represented by The Inspector of Police, Thuvarankurichi Police Station, Trichy District. (Crime No.217 of 2023). ... Respondent/Complainant

For Petitioners : Mr.M.Pitchai Muthu,

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.217 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/Accused Nos.3 and 4, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 379 of IPC r/w. 21(1) of Mines and Minerals (Development and Regulations) Act, 1957, in Crime No.217 of 2023 on the file of the respondent Police, seeks anticipatory bail.

¶2The case of the prosecution is that on 06.09.2023, when the defacto complainant was on patroling duty along with his Police party, they found that the petitioners had illegally transported one unit of red sand using tractor bearing Registration No.TN 45 AZ 8556 along with trailer. Therefore, the present case came to be registered.

¶3The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case. However, to show his bona fide, the petitioners have come forward to deposit a sum of Rs.5,000/- (Rupees Five Thousand only) each.

¶4The learned Government Advocate (Crl. Side) for the respondent police submitted that the petitioners have transported 1 unit of red sand illegally. He further submitted that there is no previous cases pending against the petitioners herein.

¶5Considering the nature of the mineral involved, the antecedents of the petitioners and their willingness to pay a sum of Rs.5,000/- (Rupees Five Thousand only) each 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.5,000/- (Rupees Five Thousand only) each 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 his rights and contentions before the trial Court.

¶7On such deposit being made, the petitioners are ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Manapparai, Trichy 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 daily 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 made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 14/09/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. INDU TO

¶1The Judicial Magistrate, Manapparai, Trichy District.

¶2Do through the Chief Judicial Magistrate, Trichy

¶3The Inspector of Police, Thuvarankurichi Police Station, Trichy District.

¶4The 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. ORDER IN CRL OP(MD) No.16668 of 2023 Date :14/09/2023 SSA/JGB/03.10.2023/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023