Allowed

Mani, v. the Inspector of Police

Madras HC6 Jun 2019CRL OP(MD)/7645/2019

Case brief

AI extract

What is this about?

This order grants anticipatory bail to petitioners accused of illegal sand transportation under the Mines and Minerals Act, subject to conditions regarding bond execution, cost deposit, surrender timeline, police reporting, and conduct.

What did the court decide?

Anticipatory bail granted subject to execution of bond, deposit of Rs.52,500, surrender within 15 days, daily reporting, and prohibitory conditions.

Mani, Vs the Inspector of Police — Anticipatory Bail | Madras HC (2019)

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EFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI

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( Criminal Jurisdiction )

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Date : 06/06/2019

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PRESENT

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The Hon`ble Mr.Justice P.RAJAMANICKAM

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CRL OP(MD). No.7645 of 2019

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Mani

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Chinnamayil @ Chellappan ... Petitioners/Accused Nos.1 & 2

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The Inspector of Police, Vangal Police Station, Karur District. (Crime No.129/2019)

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... Respondent/Complainant

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For Petitioners: M/s.S.Gokul Raj,

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Advocate.

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For Respondent : V.Neelakandan, Additional Public Prosecutor, Govt.Advocate (Crl.Side).

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

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ORDER : The Court Made the following order :-

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The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 379 of IPC r/w Section 21(1)(A)(B) of Mines and Minerals Act, 1957 in Crime No.139 of 2019, seeks anticipatory bail.

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2.The learned counsel appearing for the petitioners has submitted that the petitioners are innocent and they have not committed any offence and they have been falsely implicated in the above case. He has further submitted that the petitioners are ready to deposit the cost of the sand. Hence, he prayed for grant of anticipatory bail to the petitioners.

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4.The learned Additional Public Prosecutor appearing for the respondent has submitted that the petitioners have transported 7 units of sand illegally without any valid permit in their lorry. Hence, he opposed to grant anticipatory bail to the petitioners. However, he conceded that the petitioners have no previous case.

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https://hcservices.ecourts.gov.in/hcservices/ 5.Taking into consideration the fact that the petitioners have no previous case and also the fact that they are ready to deposit

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the cost of the sand, this Court is inclined to grant anticipatory bail to the petitioners by imposing certain conditions.

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Accordingly, 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, No.II, Karur on condition that each of 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

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(i) each the petitioners shall deposit a sum of Rs.52,500/(Rupees fifty two thousand five hundred only) to the credit of Cr.No.129 of 2019 on the file of the Vangal Police Station, Karur District.

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(ii)If the petitioners fail to surrender before the concerned Magistrate within a period of 15 days, this order shall stand automatically cancelled.

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(iii) the petitioners shall report before the respondent police daily at 10.30 a.m for a period of three weeks and thereafter, as and when required before the respondent police for interrogation.

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(iv) the petitioners shall not tamper with evidence or witness either during investigation or trial.

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(v) the petitioners shall not abscond either during investigation or trial.

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(vi) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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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(vii) If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

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/ TRUE COPY /

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Madurai Bench of Madras High Court,

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THE JUDICIAL MAGISTRATE NO.II, KARUR.

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DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT.

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https://hcservices.ecourts.gov.in/hcservices/ 3. THE INSPECTOR OF POLICE,

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VANGAL POLICE STATION, KARUR DISTRICT.

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

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+1. CC to Mr.S.GOKUL RAJ Advocate SR.No.9219

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MS/VR/SAR-2/11.06.2019/3P.6C

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

Mani, v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

Mani, v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

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