CRL OP(MD)/17984/2017 of NALLAMUTHU, 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.17984 of 2017

NALLAMUTHU ... PETITIONER/SOLE ACCUSED

Vs

THE SUB INSPECTOR OF POLICE, VATHALAI POLICE STATION, TRICHY DISTRICT.

CR.NO.259 OF 2017. ... RESPONDENT/COMPLAINANT

For Petitioner : M/S.S.MUTHUKRISHNAN 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 Section21(1) of Tamilnadu Mines and Minerals (Development and Regulation)Act, 1957 in Crime No.259 of 2017 on the file of the respondentpolice, the petitioner has come forward with this petition seekinganticipatory bail.

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

4. The learned counsel for the petitioner submitted that thepetitioner is an innocent person and he has been falsely implicatedin this 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 thepetitioner is having no previous case, this Court is inclined togrant anticipatory bail to the petitioner.

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7. Accordingly, the petitioner is ordered to be released onbail in the event of their arrest or appearance, within a period of fifteen days from the date of receipt of a copy of this order,before the Judicial Magistrate, Musiri, on his executing a bondfor 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 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 petitioner 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, MUSIRI, TRICHY DISTRICT

2 THE CHIEF JUDICIAL MAGISTRATE, TRICHY

3 THE SUB INSPECTOR OF POLICE, VATHALAI POLICE STATION, TRICHY DISTRICT. VATHALAI POLICE STATION, TRICHY DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR

MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.MUTHUKRISHNAN Advocate SR.No.37118