CRL OP(MD)/18008/2017 of V. CHINNAMUTHIAH 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.18008 of 2017

V. CHINNAMUTHIAH ... PETITIONER/ACCUSED No.3

Vs

STATE REP.BY,THE SUB INSPECTOR OF POLICE, MALLI POLICE STATION, VIRUDHUNAGAR DISTRICT, CRIME NO.171/2017 ... RESPONDENT/COMPLAINANT

For Petitioner : 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 r/w 21(1) of Tamilnadu Mines and Minerals (Development and Regulation)Act, 1957 in Crime No.171 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 one unit of sand inthe Tipper Lorry. The vehicle has been seized.

4. The learned counsel for the petitioner submitted that thepetitioner is innocent and he has been falsely implicated in thiscase.

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 tohttps://hcservices.ecourts.gov.in/hcservices/grant 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 II, Srivilliputhur, on his executinga bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) withtwo sureties 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 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

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

TO

1 THE JUDICIAL MAGISTRATE, SRIVILLIPUTHUR.

2 THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILLIPUTHUR

3 THE SUB INSPECTOR OF POLICE, MALLI POLICE STATION, VIRUDHUNAGAR DISTRICT. MALLI POLICE STATION, VIRUDHUNAGAR 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.M.JOTHI BASU Advocate SR.No.37123

CRL OP(MD) No.18008 of 2017https://hcservices.ecourts.gov.in/hcservices/ Date :28/12/2017PK/CM/SAR-2/02.01.2018 : 2P/6C