CRL OP(MD)/18020/2017 of MATTHIYARAJ, 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 Seventeen PRESENT

The Hon`ble Mr Justice S.VAIDYANATHAN

CRL OP(MD) No.18020 of 2017

1 MATTHIYARAJ2 CHELLADURAI... PETITIONERS/ACCUSED No.1&2

Vs

STATE REP. BYTHE INSPECTOR OF POLICE, MANAPPARAI POLICE STATION, MANAPPARAI, TRICHY DISTRICT.

(CRIME NO.761 OF 2017)... RESPONDENT/COMPLAINANT

For Petitioner : Mr.T.VADIVELAN 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 and r/wSection 21(1) of Tamilnadu Mines and Minerals (Development andRegulation) Act, 1957, in Crime No.761 of 2017 on the file of therespondent police, the petitioners have come forward with thispetition seeking anticipatory bail.

2. The case of the prosecution is that the petitioners aredriver and owner of a lorry respectively, who have illegallytransported sand without valid permit. The vehicle has beenseized.

3. The learned counsel for the petitioners submitted that thepetitioners are innocent and they have been falsely implicated inthis case. He further submitted that the petitioners transportedonly the manufacturing sand with valid permit.

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

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

5. Considering the facts and circumstances of the case andtaking note of the fact that the quantity is minimal and the petitioners are having no previous case, this Court is inclined togrant anticipatory bail to the petitioners.

6. 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, Manapparai, on their executing abond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each, 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 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 SupremeCourt in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

sd/-

28/12/2017

TO

1 THE JUDICIAL MAGISTRATE, MANAPPARAI

2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT

3 THE INSPECTOR OF POLICE,

MANAPPARAI POLICE STATION, MANAPPARAI, TRICHY DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR,

MADURAI BENCH OF MADRAS HIGH COURT, MADURAI

+1. CC to M/S.T.VADIVELAN Advocate SR.No.37120

ORDER IN

CRL OP(MD) No.18020 of 2017 Date :28/12/2017

https://hcservices.ecourts.gov.in/hcservices/MSA/PJLSH/RR/SAR-3:02.01.2018:2P/6C