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Muthuramalaingam v. The Inspector of Police

Madras HC30 Jun 2021CRL OP(MD)/5426/2021

Case brief

AI extract

What is this about?

The Madurai Bench granted anticipatory bail to Muthuramalaingam in a case involving illegal sand transport. The petitioner was ordered to deposit Rs.10,000 and execute a bond with two sureties, submit daily reports, and not tamper with evidence or abscond.

What did the court decide?

The petitioner was ordered to be released on bail in the event of arrest, subject to depositing a sum of Rs.10,000 with sureties and complying with specific reporting and conduct conditions.

Muthuramalaingam Vs The Inspector of Police — Anticipatory Bail | Madras HC (2021)

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CRL OP(MD). No.5426 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )

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Date : 30/06/2021

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The Hon`ble Mr.Justice G.CHANDRASEKHARAN

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CRL OP(MD). No.5426 of 2021

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Muthuramalaingam ... Petitioner/Accused

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State Rep. by The Inspector of Police, Manur Police Station, Tirunelveli District. (In Crime No.100 of 2021). ... Respondent/Complainant

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For Petitioner : Mr.Maharaja.M., Advocate. For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side)

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

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PRAYER :- For Anticipatory Bail in Crime No.100 of 2021 on the file of the Respondent Police

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ORDER : The Court made the following order :-

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Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

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The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 379 of I.P.C. in Crime No.100 of 2021 on the file of the respondent police, seeks anticipatory bail.

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The case of the prosecution is that the petitioner along with other accused persons said to have illegally transported washing sand without any valid permission using Tipper Lorry. Hence, the complaint.

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4.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit due to previous enmity, the defacto complainant roped the petitioner in this case.

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5.The learned Government Advocate (Crl. Side) opposed the https://hcservices.ecourts.gov.in/hcservices/ petition on the ground that the investigation is not yet completed.

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CRL OP(MD). No.5426 of 2021

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Considering the facts and circumstances of the case and the fact that the petitioner is not having any previous case, this Court is inclined to grant anticipatory bail to the petitioner with conditions.

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7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.V, Tirunelveli, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or 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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[a] the petitioner 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;

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[b] the petitioner is directed to deposit a sum of Rs .10,000/(Rupees Ten Thousand only) to the Madras High Court Madurai Bench, Advocate Clerk's Welfare Association, Madurai-625 023 (Indian Bank Saving Account No.496039124, IFSC Code: IDIB000H040), without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before the concerned Court while executing sureties.

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[c] the petitioner shall report before respondent police, daily at 10.30 a.m., until further orders;

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[d] the petitioner shall not tamper with evidence or witness either during investigation or trial;

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[e] the petitioner shall not abscond either during investigation or trial;

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[f] 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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[ g ]If the accused thereafter abscond, 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.)

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Madurai Bench of Madras High Court,

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

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CRL OP(MD). No.5426 of 2021

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Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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1 THE JUDICIAL MAGISTRATE NO.V, TIRUNELVELI.

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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

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3 THE INSPECTOR OF POLICE, MANUR POLICE STATION, TIRUNELVELI DISTRICT.

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

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COPY TO:

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THE OFFICER INCHARGE, ADVOCATE CLERK'S WELFARE ASSOCIATION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI-625 023.

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ORDER IN CRL OP(MD) No.5426 of 2021 Date :30/06/2021

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ias JM/MNR/SAR V/02.07.2021/3P/6C

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

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Muthuramalaingam v. The Inspector of Police

Case brief

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Muthuramalaingam v. The Inspector of Police

Case brief

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