Allowed

Mayilvaganan v. the Sub Inspector of Police

Madras HC6 Dec 2022CRL OP/27875/2022

Case brief

AI extract

What is this about?

The petitioner sought anticipatory bail against prosecution for illegal sand transportation under IPC Sections 430 and 379. The Court granted bail conditional on depositing a non-refundable sum to a charitable trust and adhering to standard bail conditions.

What did the court decide?

Petitioner granted anticipatory bail subject to execution of a bond, non-refundable charitable deposit by sureties, appearance within 15 days, and compliance with standard court conditions.

Mayilvaganan Vs the Sub Inspector of Police — Quashing and FIR | Madras HC (2022)

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Crl.O.P.No.27875 of 2022

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Crl.O.P.No.27875 of 2022

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T.V.THAMILSELVI, J.

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The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 430, 379 IPC r/w. Section 21(1) of Mines & Minerals Act, in Crime No.301 of 2022, on the file of the respondent police, seeks anticipatory bail.

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The case of the prosecution is that the petitioner along other accused persons had illegally transported 1 unit of savudu sand by using tractor. Hence the complaint.

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The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, on instructions, the learned counsel further submitted that the petitioner, on his own volition, is ready and willing to contribute a some amount to any charitable trust as imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioner.

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The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the petitioner along other accused persons had illegally transported 1 unit of savudu sand by using tractor. He

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.27875 of 2022

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further submitted that there are two previous cases pending against the petitioner and he is the owner of the vehicle. Hence, he opposed for grant of anticipatory bail to the petitioner.

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Considering the facts and circumstances of the case and also

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considering the submission made by the learned Government Advocate (Crl.Side), 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, Ambur 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 shall deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) as non refundable deposit to the credit of Aram Seya Virumbu, A/C No.423150050800264, IFSC Code: TMBL0000423,

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.27875 of 2022

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Tamilnadu Mercantile Bank, Ambasamudram, within a period of two weeks from the date of receipt of a copy of this order and shall produce the said receipt before the Court below.

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[b] 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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[c] the petitioner is directed to report before the respondent police as and when required for interrogation.

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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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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.27875 of 2022

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T.V.THAMILSELVI, J.

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msrm

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

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06.12.2022

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msrm

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Crl.O.P.No.27875 of 2022

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https://www.mhc.tn.gov.in/judis

Mayilvaganan v. the Sub Inspector of Police

Case brief

What is this about?

What did the court decide?

Mayilvaganan v. the Sub Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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