Allowed

Rajesh @ Malabar Rajesh v. State Rep.by

Madras HC22 Jan 2024CRL OP/722/2024

Case brief

AI extract

What is this about?

The court granted anticipatory bail to the petitioner apprehending arrest for offences involving theft, mischief, and illegal mining. Bail was granted subject to conditions including execution of a bond, daily reporting to police, deposit of money, and non-tampering with evidence.

What did the court decide?

Anticipatory bail granted subject to bond, sureties, daily reporting, and deposit of Rs. 15,000.

Rajesh @ Malabar Rajesh Vs State Rep.by — Anticipatory Bail | Madras HC (2024)

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Crl.O.P.No.722 of 2024

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Crl.O.P.No.722 of 2024

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C.V.KARTHIKEYAN, J.

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The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 379, 430 of IPC read with Section 21(1) of Mines and Minerals Development Regulation Act 1957 in Crime No.119 of 2022, seeks anticipatory bail.

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2 . The case of the prosecution is that the petitioner was found to transporting 1 unit of river sand and there are seven previous cases against the petitioner and also detained under the Act, 14.

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3 . In view of these particular facts, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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4 . 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 Judicial Magistrate, Gudiyatham, 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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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.722 of 2024

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C.V.KARTHIKEYAN, J.

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

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[c] the petitioner shall deposit a sum of Rs.15,000/- to the District Revenue Officer, Vellore. Two weeks time is granted for deposit the said amount from the date of receipt of a copy of this order.

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

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22.01.2024

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vsg

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Crl.O.P.No.722 of 2024

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

Rajesh @ Malabar Rajesh v. State Rep.by

Case brief

What is this about?

What did the court decide?

Rajesh @ Malabar Rajesh v. State Rep.by

Case brief

What is this about?

What did the court decide?

What the court decided

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