CRL OP(MD)/16127/2020 of Jeyamurugan Vs The Inspector of Police on 31 December 2020

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 31/12/2020PRESENT

The Hon`ble Mr.Justice G.ILANGOVAN

CRL OP(MD). No.16127 of 2020

Jeyamurugan ... Petitioner/Accused No.2

Vs

The State Rep.byThe Inspector of Police,Nainarkovil Police Station, Ramantahapuram District. (Crime No.411/2020). ... Respondent/Complainant For Petitioner : M/s.R.Anand, Advocate. For Respondent : Mr.R.Erottuchamy, Government Advocate (Crl.Side)

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

PRAYER :- For Anticipatory Bail in Crime No.411/2020 on the file ofthe respondent police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and thelearned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner apprehending arrest at the hands of therespondent police for the offences punishable under section 379 ofI.P.C. and Section 21(1) of Mines and Minerals (Development andRegulation) Act, 1957, in Crime No.411 of 2020 on the file of therespondent police, seeks anticipatory bail.

3. A reading of the FIR, it shows that the petitioner along withanother person were found in transportation of river sand on18.12.2020 and the petitioner alleged to have run away from theplace of occurrence, when the police official intercepted thevehicle. https://hcservices.ecourts.gov.in/hcservices/

4. Now according to the petitioner, he is a disabled person andthe possibility of him to transport the river sand is remote. Healso further contended that the ban order imposed by Principal Benchof this Court in Crl.O.P.No.13334 of 2020 etc., batch was notaccepted by the Hon'ble Supreme Court in S.L.A.No.6029 of 2020 dated11.12.2020 and it is observed that in an anticipatory bailpetition, the role assigned to a particular person must beconsidered.

5.Considering the physical condition of the petitioner, I aminclined to grant anticipatory bail to the petitioner with certainconditions.

6.Accordingly, petitioner is ordered to be released on bail inthe event of arrest or on his appearance before the learned JudicialMagistrate, Paramakudi, and on his executing a bond for a sum ofRs.10,000/- (Rupees Ten thousand only) with two sureties each for alike sum to the satisfaction of the respondent Police or to thePolice Officer, who intends to arrest or to the satisfaction of thelearned Magistrate concerned and on further condition that:

(a)The petitioner and the sureties shall affix theirphotographs and left thumb impression in the surety bond and theMagistrate may obtain a copy of their Aadhar card or Bank pass Bookto ensure their identity; (b)the petitioner shall report before the respondent police asand when required for interrogation.

(c)the petitioner shall not tamper with evidence or witnesseither during investigation or trial; (d)the petitioner shall not abscond either during investigationor trial; (e)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 the learnedMagistrate/Trial Court himself as laid down by the Hon'ble SupremeCourt in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; (f)if the accused thereafter absconds, a fresh FIR can beregistered under Section 229-A IPC.

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31/12/2020

https://hcservices.ecourts.gov.in/hcservices/

Note : In view of the present lock down owing to COVID-19 pandemic,a web copy of the order may be utilized for official purposes, but,ensuring that the copy of the order that is presented is the correctcopy, shall be the responsibility of the advocate/litigantconcerned.TO1.THE JUDICIAL MAGISTRATE, PARAMAKUDI.

2.-DO-THRO'THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3.THE INSPECTOR OF POLICE, NAINARKOVIL POLICE STATION, RAMANTAHAPURAM DISTRICT.

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