Allowed

Vijayaragavan v. The Inspector of Police

Madras HC8 Jun 2021CRL OP(MD)/7313/2021

Case brief

AI extract

What is this about?

Anticipatory bail granted to the petitioner in a mining theft case under IPC Section 379 and MMDR Act. Bail subject to conditions including bonds, sureties, reporting to police and magistrates, and prohibitions on absconding or tampering with evidence.

What did the court decide?

Petitioner granted anticipatory bail subject to execution of personal bonds with sureties, reporting requirements, and prohibitions on absconding or tampering with evidence.

Vijayaragavan Vs The Inspector of Police — Mining and Natural Resources | Madras HC (2021)

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CRL OP(MD). No.7313 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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( Criminal Jurisdiction ) Date : 08/06/2021

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PRESENT

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The Hon'ble Mr.Justice G.R.SWAMINATHAN

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CRL OP(MD). No.7313 of 2021

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Vijayaragavan ... Petitioner/Sole Accused

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The State Rep. by The Inspector of Police, Ammapettai Police Station, Thanjavur. (Crime No.213 of 2021) ... Respondent/Complainant

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For Petitioner : Mr.K.M.Karunakaran,

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Advocate.

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For Respondent : Mr.T.Senthil Kumar,

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Government Counsel (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.213/2021 on the file of the respondent police.

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ORDER : The Court made the following order :-

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The petitioner apprehends arrest at the hands of the respondent police for the offence punishable under Section 379 of IPC r/w Section 21(4) of Mines and Minerals (Development and Regulation) Act, in Crime No.213 of 2021 on the file of the respondent police, and seeks anticipatory bail.

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2. Heard the learned counsel for the petitioner and the learned Government Counsel(Crl.side) for the respondent police.

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3. The learned Government Counsel would point out that the petitioner is having two previous cases. But it appears that they are not of the same nature. It appears that security proceedings were taken against the petitioner.

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4 . Taking into consideration of the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner on certain conditions. https://hcservices.ecourts.gov.in/hcservices/

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CRL OP(MD). No.7313 of 2021

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5 . Accordingly, the petitioner is ordered to be released on bail in the event of arrest by the respondent police on executing personal bonds for a sum of Rs.5,000/- [Rupees Five Thousand only] with two sureties each for a likesum to the satisfaction of the respondent police and on further condition that the petitioner shall appear before the learned Judicial Magistrate, Papanasam, Thanjavur District and execute fresh personal bonds for a sum of Rs.5,000/[Rupees Five Thousand only] with two sureties each for a likesum to the satisfaction of the concerned Judicial Magistrate, within a period of one month, from the date of resumption of regular work in subordinate Courts in view of the present pandemic situation and on further conditions that:

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[a]the sureties shall affix their photographs and Left Thumb Impression in the surety bonds and the Magistrate may obtain a copy of their Aadhar cards or Bank pass Books to ensure their identity;

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[b]the petitioner shall report before the respondent police as and when required for interrogation;

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

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[d]the petitioner shall not tamper with evidence or witness 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 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]; and

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[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

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sd/-

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08/06/2021

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/ TRUE COPY / / /2021

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Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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

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CRL OP(MD). No.7313 of 2021

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1.THE JUDICIAL MAGISTRATE, PAPANASAM, THANJAVUR DISTRICT.

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