Tamilmurasu v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.17260 of 2023 Tamilmurasu ... Petitioner / Accused No.2 Vs State represented by The Inspector of Police, Thirukostiyur Police Station, Sivagangai District. Crime No.102 of 2023. ... Respondent / Complainant For Petitioner : M/s.G.Hariharan, 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.102 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 379 I.P.C and 21(4) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.102 of 2023, on the file of the respondent police, seek anticipatory bail.

¶2The case of the prosecution is that on 16.09.2023, when the respondent were conducted raid near the place of occurrence, they intercepted a lorry and inspected. They found one unit of river sand illegally loaded in the vehicle. On seeing the police, the accused persons escaped from the place. The respondent seized the vehicle and registered the present case.

¶3The learned counsel for the petitioner submitted that the petitioner is an innocent and he has been falsely implicated in this case. He has not committed any offence as alleged by the prosecution. However, to show his bona fide, the petitioner has come forward to deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand only).

¶4The learned Government Advocate (Crl. Side) for the respondent police submitted that the petitioner has illegally transported 1 unit of river sand in a vehicle. He further submitted that the petitioner is not having any previous cases.

¶5Considering the nature of the mineral involved, and his willingness to pay a sum of Rs.15,000/- (Rupees Fifteen Thousand only) this Court is inclined to grant anticipatory bail to the petitioner.

¶6Accordingly, this Criminal Original Petition is allowed on condition that

(i) the petitioner shall deposit a sum of Rs.5,000/- (Rupees Five Thousand only) 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.

ii) further, the petitioner shall deposit a sum of Rs. 10,000/- (Rupees Ten Thousand only) to the credit of Crime No.102 of 2023 before the learned Judicial Magistrate, Thiruppathur, Sivagangai District.

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

¶8The petitioner 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/- 26/09/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. pnn TO

1.The Judicial Magistrate, Thiruppathur, Sivagangai District.

¶2Do through the Chief Judicial Magistrate, Sivagangai District.

3.The Inspector of Police, Thirukostiyur Police Station, Sivagangai District.

¶4The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Copy To

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

¶2The Officer Incharge Kalaignar Centenary Library, Madurai.

+1 CC to M/s.G.HARIHARAN, Advocate ( SR-14254[I] dated 27/09/2023 ) ORDER IN CRL OP(MD) No.17260 of 2023 Date :26/09/2023 SSA/JGB/12.10.2023/5P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023