CRL OP(MD). No.13969 of 2021

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Criminal Jurisdiction )

Date : 21/09/2021

PRESENT

The Hon`ble Mr.Justice B.PUGALENDHI

CRL OP(MD). No.13969 of 2021

1. J.Arockiasamy,

2. Senthilkumar,

... Petitioners/Accused Rank Nos.1 & 2

Vs

State Rep. by

The Inspector of Police,

Aruppukottai Taluk Poilce Station,

Virudhunagar District

(Crime No. 85 of 2021).

... Respondent/Complainant

For Petitioner : M/s.Chakkkaravarthy S.J.,

Advocate.

For Respondent : P.Kottai Chamy,

Government Advocate (Crl.Side)

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

PRAYER :-

For Anticipatory Bail in Crime No. 85 of 2021 on the file

of the respondent Police.

ORDER : The Court made the following order :-

The petitioners/Accused Nos.1 and 2, who apprehend arrest at

the hands of the respondent police for the alleged offence

punishable under Section 379 IPC r/w Section 21(5) of Mines and

Minerals (Development and Regulation) Act, 1957, in Crime No.85 of

2021, seek anticipatory bail.

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

with other accused has illegally transported six units of pillar

stones by using a Lorry bearing Registration No.TN-52-B-3646.

3.The learned counsel for the petitioner submitted that the

petitioners are innocents 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 along with other

accused has illegally transported six units of pillar stones and

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CRL OP(MD). No.13969 of 2021

hence, the case was registered. He further submitted that the

petitioners have no previous case pending against them.

5. Considering the nature of mineral involved, the antecedent

of the petitioners, this Court is inclined to grant anticipatory

bail to the petitioners. Accordingly, this Criminal Original

Petition is allowed. 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 learned Judicial Magistrate, Aruppukottai, Virudhunagar

District, on condition that the petitioners shall execute a bond for

a sum of Rs.25,000/- (Rupees Twenty Five 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 Aadhaar card or bank pass book

to ensure their identity.

[b]the petitioners shall report before respondent police as and

when required.

[c]the petitioners shall not tamper with the 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].

[f]If the accused thereafter abscond, a fresh FIR can be

registered under Section 229-A IPC.

sd/-

21/09/2021

/ TRUE COPY /

/ /2021

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023.

ssb

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