CRL OP(MD)/16033/2020 of C.N.Babu 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

C.N.Babu ... Petitioner/Accused Rank Not Known

Vs

The State rep.byThe Inspector of Police,Palamedu Police Station, Madurai District. (Crime No. 1523 of 2020). ... Respondent/Complainant For Petitioner : Mr.Maheswaran.R, Advocate. For Respondent : Mr.R.Erottuchamay, Government Advocate (Crl.Side)

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

PRAYER :-For Anticipatory Bail in Crime No. 1523 of 2020 on the fileof the respondent police.

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 sections 120(b),465, 468 and 379 I.P.C., and 21(1) of Mines and Minerals(Development and Regulation) Act, 1957 in Crime No.1523 of 2020 onthe file of the respondent police, seek anticipatory bail.

3. The allegation is that the petitioner along with otherinvolved in illegal transportation of 3 units gravel sand by forgingpermit. According to the petitioner, in similar cases in Crl.O.P(MD).No.13675 of 2020, this Court by order dated 01.12.2020 hasgranted anticipatory bail on certain conditions. It was reportedthat the ban order imposed by the Principal Bench of this Court inCrl.O.P.No.13334 of 2020 etc., batch was not confirmed by thehttps://hcservices.ecourts.gov.in/hcservices/Hon'ble Supreme Court in S.L.A.No.6029 of 2020 on 11.12.2020.

4. Considering the nature of allegation, I am inclined togrant anticipatory bail to the petitioner with certain conditions.

5.Accordingly, petitioner is ordered to be released on bail inthe event of arrest or on his appearance before the learned JudicialMagistrate, Vadipatti, Madurai and on his executing a bond for a sumof Rs.10,000/- (Rupees Ten thousand only) with two sureties each fora like 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 policedaily at 10.30 a.m for a period of two weeks and thereafter, as andwhen 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 petitioners in accordance with law as if the conditionshave been imposed and the petitioners released on bail by thelearned Magistrate/Trial Court himself as laid down by the Hon'bleSupreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW5560]; and; (f)if the accused thereafter absconds, a fresh FIR can beregistered under Section 229-A IPC.

sd/-

31/12/2020

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court, Madurai - 625 023.

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

TO

1.THE JUDICIAL MAGISTRATE,

VADIPATTI, MADURAI.

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

3.THE INSPECTOR OF POLICE,

PALAMEDU POLICE STATION, MADURAI DISTRICT.

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