Allowed

Mahesh v. The Inspector of Police

Madras HC5 Aug 2021CRL OP(MD)/5274/2021

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court allowed a petition for anticipatory bail filed by accused persons apprehending arrest under a criminal complaint regarding transportation of excess stone jelly. The court ordered their release on bail pending trial subject to specific conditions.

What did the court decide?

Released on bail in case No.62 of 2021 upon executing a bond for Rs.10,000 each with sureties, complying with reporting and non-tampering conditions.

Mahesh Vs The Inspector of Police — Narcotics (NDPS) | Madras HC (2021)

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CRL OP(MD). No.5274 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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( Criminal Jurisdiction )

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Date : 05/08/2021

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PRESENT The Hon`ble Mr.Justice B.PUGALENDHI

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CRL OP(MD). No.5274 of 2021

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Mahesh,

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Ramachandran, ... Petitioners/Accused Nos.1 & 2

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The State rep by The Inspector of Police, Thiruvengadam Police Station, Tenkasi District. Cr.No. 62 of 2021.. ... Respondent/Complainant

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For Petitioners : M/s.Navaneetharaja K, Advocate. For Respondent : Mr.T.Senthilkumar, Government Advocate (Crl.Side)

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

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PRAYER :-

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For Anticipatory Bail in Crime No.62 of 2021 on the file of the Respondent Police.

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ORDER : The Court made the following order :-

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The petitioners/A1 and A2, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.62 of 2021 on the file of the respondent police, seek anticipatory bail.

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2.The case of the prosecution is that the petitioners have transported the excess stone jelly beyond the permitted limit. Hence, the complaint.

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

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CRL OP(MD). No.5274 of 2021

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3.The learned counsel for the petitioners would submit that the petitioners are innocents, they have not committed any offence as alleged by the prosecution, but they have been falsely implicated in this case.

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4.The learned Government Advocate (Crl.Side) appearing for the respondent police, on instructions, would submit that no previous case is pending against the petitioners.

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5.Taking into consideration of the facts and circumstances of the case and the fact that no previous case is pending, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Sankarankovil ,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:

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(a)the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity;

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(b)the petitioners shall report before the respondent police as and when required for interrogation.

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(c)the petitioners shall not tamper with the evidence or witness either during investigation or trial;

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(d)the petitioners shall not abscond either during investigation or trial;

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(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]; and;

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(f)if the accused/ petitioners thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

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/ TRUE COPY /

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/ /2021

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Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court,

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

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CRL OP(MD). No.5274 of 2021

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MSA

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The Judicial Magistrate, Sankarankovil.

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The Chief Judicial Magistrate, Tirunelveli

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The Inspector of Police, Thiruvengadam Police Station, Tenkasi District.

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The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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ORDER IN CRL OP(MD) No.5274 of 2021 Date : 05/08/2021

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TR/PN/SAR-III (18.08.2021) 3P 5C

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

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Mahesh v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

Mahesh v. The Inspector of Police

Case brief

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