Allowed

Naveen @ Naveen Kumar v. The Inspector of Police

Madras HC16 Jun 2021CRL OP(MD)/7838/2021

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court granted anticipatory bail to the petitioner, an alleged illegal sand transporter, subject to conditions including regular reporting, a deposit of Rs.5,000 to the CMPRF, obtaining local bail from the Judicial Magistrate, and maintaining no tampering or absconding during investigation or trial.

What did the court decide?

Petitioner ordered to be released on bail subject to execution of a bond with two sureties, deposit of Rs.5,000 to CMPRF, local bail within 15 days, and compliance with standard reporting and conduct

Naveen @ Naveen Kumar Vs The Inspector of Police — Property and Title | Madras HC (2021)

¶1

CRL OP(MD)No.7838 of 2021

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

( Criminal Jurisdiction )

¶4

Date : 16/06/2021

¶5

PRESENT

¶6

The Hon`ble Mr.Justice G.CHANDRASEKHARAN

¶7

CRL OP(MD)No.7838 of 2021

¶8

Naveen @ Naveen Kumar ... Petitioner/Sole Accused

¶9

¶10

The State rep by Inspector of Police, Jeeyapuram Police Station, Trichy District. (Crime No.379 of 2021). ... Respondent/Complainant

¶11

For Petitioner : M/s.Ebenezer Charles.T.A., Advocate.

¶12

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

¶13

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

¶14

PRAYER :-

¶15

For anticipatory bail in crime no.379 of 2021 on the file of the respondent police

¶16

ORDER : The Court made the following order :-

¶17

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

¶18

2.The case of the prosecution is that on 09.06.2021, when the Police party was in duty, the petitioner was found in illegal possession of three bags of sand in his two wheeler bearing registration No.TN48 AC 0401. Hence, the complaint.

¶19

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he did not commit any offence as alleged by the prosecution.

¶20

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

¶21

1/3

¶22

CRL OP(MD)No.7838 of 2021

¶23

4.The learned Government Advocate(Crl.side) appearing for the respondent police strongly opposed this petition on the ground that investigation in this case is not completed. However, he submitted that there is no previous case pending against the petitioner.

¶24

5.Considering the facts and circumstances of the case and also

¶25

considering the volume of the sand said to have transported in a two wheeler, this Court is inclined to grant anticipatory bail to the petitioner.

¶26

6.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.III, Trichy 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:

¶27

[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.

¶28

[b] the petitioner shall make a non-refundable deposit for a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172), within a period of two weeks without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before the learned Judicial Magistrate No.III, Trichy;

¶29

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

¶30

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

¶31

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

¶32

[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].

¶33

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

¶34

2/3

¶35

CRL OP(MD)No.7838 of 2021

¶36

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

¶37

sd/16/06/2021 / TRUE COPY /

¶38

/ /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

¶39

GNS

¶40

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.

¶41

TO 1 THE JUDICIAL MAGISTRATE NO.III, TRICHY DISTRICT. 2 DO THROUGH: THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3 THE INSPECTOR OF POLICE, JEEYAPURAM POLICE STATION, TRICHY DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. COPY TO THE OFFICER INCHARGE, CHIEF MINISTER PUBLIC RELIEF FUND, SECRETARIAT, CHENNAI. ORDER IN CRL OP(MD) No.7838 of 2021 Date :16/06/2021 KM:RSK:SAR3(22.06.2021) 3P 6C

¶42

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

¶43

3/3

Naveen @ Naveen Kumar v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

Naveen @ Naveen Kumar v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

P.Jeyakumar Vs The Inspector of Police

Roche Vs The Inspector of Police

Kaja @ Kaja Hussain Vs The Inspector of Police

Angusamy Vs The Inspector of Police

Suresh Vs The Inspector of Police

Muthu Selvam Vs The Inspector of Police