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Rajesh v. The Inspector of Police

Madras HC25 Apr 2022CRL OP(MD)/7649/2022

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What is this about?

This judgment concerns a petition for anticipatory bail. The petitioner, accused of illegally transporting river sand, approached the court. The court granted anticipatory bail on specific conditions, including payment of security to the District Mineral Foundation and executing a bond with sureties.

What did the court decide?

Anticipatory bail granted subject to payment of Rs.7,500 to District Mineral Foundation, execution of Rs.25,000 bond with two sureties, daily reporting, and compliance with specific conditions to prev

Rajesh Vs The Inspector of Police — Anticipatory Bail | Madras HC (2022)

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CRL OP(MD). No.7649 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/04/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.7649 of 2022

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Rajesh ... Petitioner/Sole Accused

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Vs State Rep.by The Inspector of Police, Nadukaveri Police Station, Thanjavur District. Crime No.132 of 2022. ... Respondent/Complainant For Petitioner : M/s.Indrachithu T, Advocate. For Respondent : Mr.R.Sivakumar, 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.132 of 2022 on the file of the Respondent Police.

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ORDER : The Court made the following order :-

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The petitioner/sole accused, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 379 IPC r/w 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.132 of 2022 on the file of the respondent police, seeks anticipatory bail.

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2.The case of the prosecution is that the petitioner has illegally transported ½ unit of river sand. Hence, the complaint.

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3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. However, he would further submit that the petitioner, without prejudice to his right, is ready to deposit the amount that may be imposed by this Court.

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4.The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that the petitioner has transported ½ unit of river sand illegally. He would further submit that the petitioner is having no previous case.

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CRL OP(MD). No.7649 of 2022

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5.Considering the facts and circumstances of the case and also considering the nature of the offence alleged, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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6.Accordingly, the petitioner shall pay a sum of Rs.7,500/-

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(Rupees Seven Thousand and Five Hundred only) to the credit of the District Mineral Foundation Trust, Thanjavur District, without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before the Judicial Magistrate, Thiruvaiyaru, Thanjavur District.

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7.On production of such receipt/acknowledgment, 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 Judicial Magistrate, Thiruvaiyaru, Thanjavur District, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions 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 Aadhaar card or bank pass book to ensure their identity.

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[b] the petitioner shall report before respondent police daily at 10.30 a.m., for a period of one month and thereafter, as and when required for interrogation.

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[c] the petitioner shall not tamper with the 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 229-A IPC.

sd/-

25/04/2022

/ TRUE COPY /

/ /2022

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

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CRL OP(MD). No.7649 of 2022

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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, THIRUVAIYARU, THANJAVUR DISTRICT.

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2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

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3 THE INSPECTOR OF POLICE NADUKAVERI POLICE STATION, THANJAVUR DISTRICT.

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4 THE OFFICER INCHARGE, DISTRICT MINERAL FOUNDATION TRUST, THANJAVUR DISTRICT.

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5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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ORDER

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CRL OP(MD) No.7649 of 2022 Date :25/04/2022 RS/VR/SAR.1 (27.04.2022) 3P-6C

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Rajesh v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

Rajesh v. The Inspector of Police

Case brief

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