CRL OP(MD)No.6517 of 2021

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Criminal Jurisdiction )

Date : 03/08/2021

PRESENT

The Hon`ble Mr.Justice B.PUGALENDHI

CRL OP(MD)No.6517 of 2021

1. Mongaiah @ Mugeshkannan

2. Rajkumar ... Petitioners/Accused Nos. 15&19

-Vs-

State Rep by

The Inspector of Police,

Saptur Police Station,

Madurai District

Cr.No.66/2021. ... Respondent/Complainant

For Petitioner : M/s.Palanisamy.T.,

Advocate.

For Respondent : Mr.T.Senthilkumar,

Spl. Public Prosecutor

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

PRAYER :-

For Anticipatory Bail in Crime No.66 of 2021 on the file of the

respondent police.

ORDER : The Court made the following order :-

The petitioners, who apprehend arrest at the hands of the

respondent police for the alleged offences punishable under Sections

143, 188, 353, 506(i) and 379 IPC r/w Sections 4(1)(1A), 21(1) of

the Mines and Minerals (Development and Regulation)Act, 1957 in

Crime No.66 of 2021, seek anticipatory bail.

2.The case of the prosecution is that the petitioners have

illegally taken sand for the purpose of brick work in seven

tractors, on 25.04.2021 and on the basis of complaint given by the

Village Administrative Officer, the present case came to be

registered.

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CRL OP(MD)No.6517 of 2021

3.The learned counsel for the petitioners submitted that the

petitioners are innocent persons and they have been falsely

implicated in this case.

4.The learned Government Advocate(Crl.side) appearing for the

respondent police submitted that the petitioners herein are arrayed

as A15 & A19 and there is no previous case pending against them.

5.Considering the facts and circumstances of the case and the

fact that the petitioners have not indulged in any other similar

offence, this Court is inclined to grant anticipatory bail to the

petitioners on condition that the petitioners shall pay a sum of

Rs.5,000/- (Rupees Five Thousand only)each to the credit of

Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-

9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172), without

prejudice to their rights and contentions before the trial Court and

produce the receipt/acknowledgment before the Special Court, in the

cadre of learned District Judge(Mines and Minerals Cases) Madurai.

6.On depositing the above said amount, the petitioners are

ordered to be released on bail in the event of arrest or on their

appearance, within a period of fifteen days from the date of receipt

of a copy of this order, before the Special Court, in the cadre of

learned District Judge(Mines and Minerals Cases) Madurai on

condition that the petitioners shall execute a bond for a sum of

Rs.10,000/- (Rupees ten thousand only) each with two sureties each

for a like sum to the satisfaction of the learned Magistrate

concerned and on further conditions that:

[a]the petitioners and the sureties shall affix their

photographs and Left Thumb Impression in the surety bond and the

Magistrate may obtain a copy of their Aadhar card or Bank pass Book

to ensure their identity.

[b]the petitioners shall report before respondent police daily

at 10.30 am., until further orders.

[c]the petitioners shall not tamper with evidence or witness

either during investigation or trial.

[d]the petitioners shall not abscond either during

investigation or trial.

[e]On breach of any of the aforesaid conditions, the learned

Magistrate/Trial Court is entitled to take appropriate action

against the petitioners in accordance with law as if the conditions

have been imposed and the petitioners released on bail by the

learned Magistrate/Trial Court himself as laid down by the Hon'ble

Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

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