CRL OP(MD)/16088/2020 of Arunachalam Vs The Inspector of Police on 31 December 2020

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

The Hon`ble Mr.Justice G.ILANGOVAN

CRL OP(MD). No.16088 of 2020

Arunachalam ... Petitioner/Accused No.1 Vs The State throughThe Inspector of Police,Thiruvaiyaru Police Station, Thanjavur District.(In Crime No.1366 of 2020). ... Respondent/Complainant For Petitioner : Mr.P.Ganapathi Subramanian 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.1366 of 2020 on the fieof the 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 IPCr/w 21(1) of Mines and Minerals Act in Crime No.1366 of 2020 on thefile of the respondent police, seeks anticipatory bail.

3.The nature of the allegation made against the petitioner isthat when Police involved in a routine check up, they found that thelorry belonged to the petitioner, carries Seruba Stone (Kuzhangal).

4.The learned Government Advocate (Crl.side) submitted that noprevious case is pending against him. https://hcservices.ecourts.gov.in/hcservices/

5. Considering the facts and circumstances of the case, I aminclined to grant anticipatory bail to the petitioner with certainconditions. Accordingly, petitioner is ordered to be released onbail in the event of arrest or on his appearance before the learnedJudicial Magistrate, Thiruvaiyaru, and on his executing a bond for asum of Rs.20,000/- (Rupees Twenty thousand only) with two suretieseach for a like sum to the satisfaction of the respondent Police orto the Police Officer, who intends to arrest or to the satisfactionof the learned 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, THIRUVAIYARU.

2.-DO-THRO'THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM

3.THE INSPECTOR OF POLICE, THIRUVAIYARU POLICE STATION, THANJAVUR DISTRICT.

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