Allowed

Ajith Kumar v. Inspector of Police

Madras HC29 Jun 2022CRL OP/14964/2022

Case brief

AI extract

What is this about?

This court granted anticipatory bail to the petitioner, who apprehended arrest for alleged illegal transportation of sand. The bail was subject to strict conditions, including the execution of a bond, appearance before the Judicial Magistrate within fifteen days, daily reporting, and prohibitions against tampering with evidence or absconding.

What did the court decide?

Petitioner released on bail in event of arrest appearing in Magistrate Court within 15 days, or granted bail immediately, subject to bond and conditions.

Ajith Kumar Vs Inspector of Police — Property and Title | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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( Criminal Jurisdiction )

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Wednesday, the Twenty Ninth day of June Two Thousand Twenty Two

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PRESENT

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The Hon`ble Mr Justice G.K. ILANTHIRAIYAN

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CRIMINAL ORIGINAL PETITION No.14964 of 2022

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AJITH KUMAR

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[ PETITIONER / ACCUSED ]

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INSPECTOR OF POLICE NATRAMPALLI POLICE STATION, THIRUPATHUR DISTRICT (CRIME NO.178/2022)

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For Petitioner : M/S S.P.ARTHI Advocate

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For Respondent : MR. V.J.PRIYADARSANA, Govt. Advocate ( Crl. Side)

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

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ORDER : The Court Made the following order :-

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The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable u/s 379 and 430 IPC and Section 21(1) of Mines and Minerals Act in Cr.No.178 of 2022, on the file of the respondent police, seeks anticipatory bail.

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It is the case of the prosecution that the petitioner is alleged to have illegally transported 2 units of Norambu sand in a lorry.

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3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he is the owner of the vehicle. Hence, he prays to grant anticipatory bail to the petitioner.

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4.The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the quantity of Norambu sand involved is 2 units. He further submitted that there is no previous case pending against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

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

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Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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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 on which the order copy made ready, before the learned Judicial Magistrate III, Tirupathur 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, failing which, the petition for anticipatory bail shall stand dismissed 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 shall report before the respondent police daily at 10.30 for a period of two weeks and thereafter as and when required for interrogation.

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

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

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-sd/-

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29/06/2022

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This order, on being produced, be punctually observed and carried into execution by all concerned

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TRUE COPY

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Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

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

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1 THE JUDICIAL MAGISTRATE, NO.III, TIRUPATHUR.

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2 THE CHIEF JUDICIAL MAGISTRATE VELLORE DISTRICT. [FOR INFORMATION]

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3 INSPECTOR OF POLICE NATRAMPALLI POLICE STATION, THIRUPATHUR DISTRICT.

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4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

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+1 CC to M/S S.P.ARTHI Advocate on payment of necessary charges SR.NO. 10350

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CRL OP.14964/2022

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Date :29/06/2022 RW-04/07/2022

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

Ajith Kumar v. Inspector of Police

Case brief

What is this about?

What did the court decide?

Ajith Kumar v. Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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