CRL OP(MD)/17681/2017 of DHANASEKARAN Vs THE 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.17681 of 2017

DHANASEKARAN ... PETITIONER/ACCUSED No.2

VsSTATE THROUGH,THE INSPECTOR OF POLICE, THIRUPUVANAM POLICE STATION, SIVAGANGAI DISTRICT.

CR.NO.513/2017 ... RESPONDENT/COMPLAINANT

For Petitioner : M/S.R.ALAGUMANI 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 of IPC andSection 21(1) of Tamilnadu Mines and Minerals (Development andRegulation) Act, 1957 in Crime No.513 of 2017 on the file of therespondent police, the petitioner has come forward with thispetition seeking anticipatory bail.

2.The case of the prosecution is that the petitioner is allegedto have indulged in illegal transportation of three units of sand inthe lorry. The vehicle has been seized.

4. The learned counsel for the petitioner submitted that thepetitioner is innocent and he has not committed any offence asalleged by the prosecution. He further submitted that since his namewas not mentioned in the F.I.R., he has been falsely implicated inthis case.

5.Learned Government Advocate (Crl. Side) would submit thatthe petitioner has 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/petitioner is having no previous case, this Court is inclined togrant anticipatory bail to the petitioner.

7. Accordingly, the petitioner is ordered to be released onbail in the event of his arrest or appearance, within a period offifteen days from the date of receipt of a copy of this order,before the Judicial Magistrate, Manamadurai, on his executing abond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with twosureties each for a like sum to the satisfaction of the respondentpolice or the police officer who intends to arrest or to thesatisfaction of the Magistrate concerned and on further conditionthat:

[a] the petitioner 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 petitioner shall not tamper with evidence or witnesseither during investigation or trial.

[c] the petitioner 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 petitioner released on bail by theMagistrate/Trial Court himself as laid down by the Hon'ble SupremeCourt 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 MAGISTRATE, MANAMADURAI, SIVAGANGAI DISTRICT

2 THE CHIEF JUDICIAL MAGISTRATE,SIVAGANGAI DISTRICT

3 THE INSPECTOR OF POLICE, THIRUPUVANAM POLICE STATION, SIVAGANGAI DISTRICT. THIRUPUVANAM POLICE STATION, SIVAGANGAI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.R.ALAGUMANI Advocate SR.No.17