CRL OP(MD)/18044/2017 of ARUNTHIRUMALAI 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 Seventeen PRESENT

The Hon`ble Mr Justice S.VAIDYANATHAN

CRL OP(MD) No.18044 of 2017

1 ARUNTHIRUMALAI

2 BALAMURUGAN... PETITIONERS/ ACCUSED NO.2 & 3

Vs

STATE REP.BYTHE SUB INSPECTOR OF POLICE, ERAL POLICE STATION, SRIVAIKUNDAM, THOOTHUKUDI DISTRICT. (CRIME NO. 385 OF 2017)... RESPONDENT / COMPLAINANT

For Petitioners: M/S.P.MUTHUPANDI, AdvocateFor Respondent : M/S.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 offence punishable under Sections 379 IPC in CrimeNo.385 of 2017 on the file of the respondent police, the petitionershave come forward with this petition seeking anticipatory bail.

2. The case of the prosecution is that the petitioners alongwith 3 others have illegally transported river sand through a 407mini lorry and a two-wheeler and when the respondent police tried tointercept them, the petitioners escaped leaving the vehicle at themiddle of the river.

3. The learned counsel for the petitioners submitted that thepetitioners are innocent and they have been falsely implicated inthis case.

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

5. Considering the facts and circumstances of the case andtaking note of the fact that the quantity is minimal and thepetitioners have no previous case, this Court is inclined to grantanticipatory bail to the petitioners.

6. Accordingly, the petitioners are ordered to be released onhttps://hcservices.ecourts.gov.in/hcservices/bail 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, Srivaikundam, Thoothukudi District,on their executing a bond for a sum of Rs.10,000/- (Rupees TenThousand Only) each with two sureties each for a like sum to thesatisfaction of the respondent police or the police officer whointends to arrest or to the satisfaction of the Magistrateconcerned and on further condition that:

[a] the petitioners shall deposit a sum of Rs.2,500/- (RupeesTwo Thousand and Five Hundred only) each to the credit of CrimeNo.385 of 2017 before the learned Judicial Magistrate, Srivaikundam,Thoothukudi District.

[b] 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.

[c] the petitioners shall not tamper with evidence or witnesseither during investigation or trial.

[d] the petitioners shall not abscond either duringinvestigation or 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 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

/ TRUE COPY /

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, SRIVAIKUNDAM, THOOTHUKUDI DISTRICT. THOOTHUKUDI DISTRICT.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI. THOOTHUKUDI.

3. THE SUB INSPECTOR OF POLICE,

ERAL POLICE STATION, SRIVAIKUNDAM,

THOOTHUKUDI DISTRICT.

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