CRL OP(MD)/17987/2017 of R. JEYARAJ, S/O. RAMAR Vs THE SUB INSPECTOR OF POLICE, on 28 December 2017

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT( Criminal Jurisdiction )

Thursday, the Twenty Eighth day of December Two Thousand SeventeenPRESENT

The Hon`ble Mr Justice S.VAIDYANATHAN

CRL OP(MD) No.17987 of 2017

1 R. JEYARAJ

2 K. KARUPPIAH ... PETITIONERS/ACCUSED Nos.1&3

Vs

STATE REP.BY,THE SUB INSPECTOR OF POLICE, THIRUTHANGAL POLICE STATION, VIRUDHUNAGAR DISTRICT, CRIME NO.809/2017 ... RESPONDENT/COMPLAINANT

For Petitioners : M/S.G.MARIMUTHU Advocate For Respondent : MR.K.ANBARASAN, Government Advocate(Crl.Side)

PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police forthe alleged offences punishable under Sections 379 IPC and 21(1) ofTamilnadu Mines and Minerals (Development and Regulation) Act, 1957in Crime No.809 of 2017 on the file of the respondent police, thepetitioners have come forward with this petition seekinganticipatory bail.

2.The case of the prosecution is that the petitioners arealleged to have indulged in illegal transportation of half unit ofsand in the Tractor. The vehicle has been seized.

4. The learned counsel for the petitioners submitted that thepetitioners are innocent and they have been falsely implicated inthis case.

5.Learned Government Advocate (Crl. Side) would submit thatthe petitioners have no previous case.

6. Considering the facts and circumstances of the case andtaking note of the fact that the quantity is minimal and thehttps://hcservices.ecourts.gov.in/hcservices/petitioners are having no previous case, this Court is inclined togrant anticipatory bail to the petitioners.

7. Accordingly, the petitioners are ordered to be released onbail in the event of their arrest or appearance, within a period offifteen days from the date of receipt of a copy of this order,before the Judicial Magistrate II, Sivakasi, on their executing abond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with twosureties each for a like sum to the satisfaction of therespondent police or the police officer who intends to arrest or tothe satisfaction of the Magistrate concerned and on furthercondition that:

[a] the petitioners shall report before the respondent policedaily at 10.30 a.m. for a period of two weeks and thereafter as andwhen required for interrogation; [b] the petitioners shall not tamper with evidence or witnesseither during investigation or trial; [c] the petitioners shall not abscond either duringinvestigation or trial; [d] on breach of any of the aforesaid conditions, the learnedMagistrate/Trial Court is entitled to take appropriate actionagainst the petitioners in accordance with law as if the conditionshave been imposed and the petitioners released on bail by theMagistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

sd/-

28/12/2017

/ TRUE COPY /

Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1 THE JUDICIAL MAGISRATE NO.II, SIVAKASI

2 THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHU AT SRIVILLIPUTHU

3 THE SUB INSPECTOR OF POLICE, THIRUTHANGAL POLICE STATION, VIRUDHUNAGAR DISTRICT. THIRUTHANGAL POLICE STATION, VIRUDHUNAGAR DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR

MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.M.JOTHI BASU Advocate SR.No.37122