Karthikesa Pandi @ Kartheesa Pandi v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/11/2023 PRESENT The Hon`ble Mr.Justice P. VADAMALAI Karthikesa Pandi @ Kartheesapandi ... Petitioner/Accused No.2

Vs The State represented by The Inspector of Police, Thisayanvilai Police Station, Tirunelveli District. Crime No. 470/2023. ... Respondent/Complainant For Petitioner : M/s. Aravinthan.G,

Advocate. For Respondent : Mr.R.M.S.Sethuraman,

Additional Public Prosecutor

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 470 of 2023 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner/A2, who apprehends arrest at the hands of the respondent police for the offences punishable under section 379 I.P.C., in Crime No.470 of 2023 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner has illegally transported M.Sand without any valid permit in a mini lorry bearing Reg.No. TN 92 H 4018 . Hence, a case has been registered.

¶3The learned counsel appearing for the petitioner would submit that the petitioner is innocent and a false case has been foisted against him, hence he seeks bail.

¶4The learned Additional Public Prosecutor would submit that the petitioner said to have illegally transported M.Sand without any valid permit in a mini lorry bearing Reg.No. TN 92 H 4018 hence he objected to grant anticipatory bail to the petitioner. However he fairly concedes that no previous case is pending against the petitioner.

¶5Taking into consideration of the facts and circumstances of the case and also the fact that no previous case is pending against the petitioner, this court is inclined to grant anticipatory bail to the petitioner , with certain conditions:

¶6Accordingly, 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 on which the order copy made ready, before the learned Judicial Magistrate, Radhapuram on condition that the petitioner 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

(a)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b)the petitioner shall make a non refundable deposit of Rs.5,000/- (Rupees Five Thousand only) to the credit of the District Siddha Medical Officer, CCRI, Periyakulam in State Bank of India, Periyakulam Branch bearing Account No.10767823177, IFSC No.SBIN000898, MICR Code No.625002601 and on such deposit being made, the learned Judicial Magistrate shall accept the sureties furnished by the petitioner;

(c)the petitioner shall report before the respondent police daily at 10.30 a.m for a period of 30 days and thereafter, as and when required for interrogation;

(d)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioner shall not abscond either during investigation or trial;

(f)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; CRLeOP(MD).eNo.19685eofe2023

(g)ifotheoaccused/petitionerothereafteroabsconds,oaofreshoFIRocanobeoregistered underoSectiono229-AoIPC.o oooooooooooooooooooooooooooo oooooooooooooooooooooosd/- ooooooooooooooooooooooooooooooooooo ooooo06/11/2023 oooo ooooooooooo/oTRUEoCOPYo/ ooooooooooooooooooooooooooooooooooooooo ooooooooooooooo/11/2023 ooooooooooooooooooooooooooo ooooooooooooSub-AssistantoRegistraro(C.S.ooo) ooooooooooooo oooooooooooooooooooooooMaduraioBenchoofoMadrasoHighoCourt, ooooooooooooooooooooooooooooooooooooo ooooooooMaduraio-o625o023.oo AAV TO 1oooTHEoJUDICIALoMAGISTRATE RADHAPURAM. 2oooDOoTHROUGHoTHEoCHIEFoJUDICIALoMAGISTRATE, TIRUNELVELI. 3oooTHEoINSPECTORoOFoPOLICE THISAYANVILAIoPOLICEoSTATION,oTIRUNELVELIoDISTRICT. o 4oooTHEoADDITIONALoPUBLICoPROSECUTOR, ooo MADURAIoBENCHoOFoMADRASoHIGHoCOURT, ooo MADURAI.o COPYoTOo: THEoDISTRICToSIDDHAoMEDICALoOFFICER, CCRIPKM,oPERIYAKULAM. +1 CC to M/s.G.ARAVINTHAN, Advocate ( SR-15965[I] dated 06/11/2023 ) ORDER IN CRL OP(MD) No.19685 of 2023 Date :06/11/2023 SS/JGB/SAR- /07/11/2023/6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023