Allowed

Harishkumar v. The Inspector of Police

Madras HC22 Jul 2021CRL OP(MD)/9713/2021

Case brief

AI extract

What is this about?

The Madras High Court allowed anticipatory bail to petitioners charged with illegal transport of river sand. Bail was granted subject to multiple strict conditions including daily reporting, execution of a bond, payment of a non-refundable deposit to the CMPRF, and prohibitions on tampering with evidence or absconding.

What did the court decide?

Petitioners ordered to be released on bail with conditions including daily reporting, bond execution, non-refundable deposit to CMPRF, and abstention from tampering with evidence or absconding.

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

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CRL OP(MD)No.9713 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 : 22/07/2021

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PRESENT

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The Hon`ble Mr.Justice SATHI KUMAR SUKUMARA KURUP

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CRL OP(MD)No.9713 of 2021

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1.Harishkumar

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2.Santhoshkumar ... Petitioners/Accused No.1 and 2

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The State Represented by The Inspector of Police, Vangal Police Station, Karur District.

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(Crime No.396 of 2021) ... Respondent/Complainant

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For Petitioner : Mr.V.Nagarajan, Advocate.

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For Respondent : Mr.M.Muthumanikkam,

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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.396 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, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Section 379 IPC r/w Section 21(1) of the Mines and Minerals (Development and Regulation)Act, 1957 in Crime No.396 of 2021, seek anticipatory bail.

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2.The case of the prosecution is that the petitioners illegally transported 25 kgs of river sand. Therefore, the present case came to be registered.

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CRL OP(MD)No.9713 of 2021

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3.The learned Government Advocate(Crl.side) appearing for the respondent police submitted that the first petitioner has three previous case involving prohibition act cases. However, he conceded that the second petitioner has no previous case.

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4.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with a condition that the petitioner shall not indulge in similar offence in future. If the petitioners are repeated the same offence, the anticipatory bail granted now, will be cancelled automatically.

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5.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 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 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 petitioners 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 shall jointly 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.II, Karur.

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

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

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[e] the petitioners 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 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].

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CRL OP(MD)No.9713 of 2021

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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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sd/-

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22/07/2021 / TRUE COPY /

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/ /2021 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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1.THE JUDICIAL MAGISTRATE NO.II, KARUR.

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