Petitioner sought anticipatory bail regarding alleged illegal extraction of sand under Section 379 IPC. Court found offence non-heinous and granted bail on Rs. 10,000 bond with strict conditions.
Petitioner granted anticipatory bail on personal bond of Rs.10,000 with conditions to execute bond, report to court, and not tamper with witnesses or abscond.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRL OP(MD)No.23034 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20.12.2023
PRESENT
The Hon`ble MR JUSTICE V.SIVAGNANAM
CRL OP(MD)No.23034 of 2023
R.Rajan ... Petitioner/Accused (Rank not known) Vs
The Inspector of Police, Panagudi Police Station, Tirunelveli District. (Crime No.715 of 2023) ... Respondent/Complainant
For Petitioner : Mr.R.Anand, Advocate For Respondent : Mr.R.Suresh Kumar, Government Advocate (Criminal Side)
PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C
PRAYER :-
For Anticipatory Bail in Crime No.715 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :-
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 379 of IPC in Crime No.715 of 2023 on the file of the respondent police, seeks anticipatory bail.
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3.The learned counsel appearing for the petitioners would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. Hence, he seeks anticipatory bail.
4.The learned Government Advocate (Criminal Side) would submit that there is no previous case pending as against the petitioner.
5.Considering the facts of the case and taking into consideration the principles stated by the Honourable Supreme Court in Gurubaksh Singh Sibbia Etc., vs. State of Punjab reported in 1980 AIR 1632 and Lal Kamlendra Pratap Singh vs. State of Uttar Pradesh and others reported in (2009)4 SCC 437 and Joginder Kumar vs. State of U.P. and others reported in (1994)4 SCC 260 and taking into consideration the origin of crime, it is seen that the offence alleged as against the petitioner is not a case of heinous crime. Further the petitioner is having permanent resident at Tirunelveli District. Hence the principles stated in Hussainara Khatoon & Ors vs.
Home Secretary, State Of Bihar reported in AIR 1979 SC 1360 is taken into consideration. In that case, the Hon'ble Supreme Court has cautioned that pre-trial detention is not be encouraged nor is to be encourageable pre-trial release on sureties; that if the Court is satisfied after taking into consideration that the accused https://www.mhc.tn.gov.in/judis
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CRL OP(MD)No.23034 of 2023
has his roots in the community and is not likely to abscond, he can safely be released on his personal bond.
6.In view of the above, this Court is inclined to grant anticipatory bail to the petitioner. 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, Valliyoor, Tirunelveli on condition that the petitioner shall execute a own bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) 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 :
[a] the petitioner shall affix his photograph 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 his identity.
[d] the petitioner shall not abscond either during investigation or trial.
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CRL OP(MD)No.23034 of 2023
[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].
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/20/12/2023 /01/2024 Sub-Assistant Registrar ( C.S. I / II / III/ IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
/ TRUE COPY /
GNS TO
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CRL OP(MD)No.23034 of 2023
ORDER IN CRL OP(MD) No.23034 of 2023 Date :20/12/2023
SS/JGB/SAR- /02/01/2024/5P/5C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023
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1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in proceedings under Section 379 IPC for illegal removal of sand.
Colour shows how this judgement treated each authority
Gurubaksh Singh vs. State of PunjabReferred¶20
Gurubaksh Singh Sibbia Etc., vs. State of Punjab reported in 1980 AIR 1632 · Who else cites this
Lal Kamlendra Pratap Singh vs. State of Uttar PradeshReferred¶20
Lal Kamlendra Pratap Singh vs. State of Uttar Pradesh and others reported in (2009)4 SCC 437 · Who else cites this
Joginder Kumar vs. State of U.P.Referred¶20
Joginder Kumar vs. State of U.P. and others reported in (1994)4 SCC 260 · Who else cites this
Hussainara Khatoon vs. Home Secretary, State of BiharReferred¶20
Hussainara Khatoon & Ors vs. Home Secretary, State Of Bihar reported in AIR 1979 SC 1360 · Who else cites this
P.K.Shaji vs. State of KeralaReferred¶36
P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560] · Who else cites this
1 provisions across 1 enactments
R.Rajan
The Inspector of Police, Panagudi Police Station
V.Sivagnanam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
