Nallamuthu, v. The Sub Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Eighth day of December Two Thousand Seventeen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.17984 of 2017 NALLAMUTHU ... PETITIONER/SOLE ACCUSED Vs THE SUB INSPECTOR OF POLICE, VATHALAI POLICE STATION, TRICHY DISTRICT.

CR.NO.259 OF 2017. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.MUTHUKRISHNAN Advocate For Respondent : MR.K.ANBARASAN, Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 379 IPC and Section 21(1) of Tamilnadu Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.259 of 2017 on the file of the respondent police, the petitioner has come forward with this petition seeking anticipatory bail.

2.The case of the prosecution is that the petitioner is alleged to have indulged in illegal transportation of half unit of sand in the lorry. The vehicle has been seized.

4. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case.

5.

Learned Government Advocate (Crl. Side) would submit that the petitioner has no previous case.

6. Considering the facts and circumstances of the case and taking note of the fact that the quantity is minimal and the petitioner is having no previous case, this Court is inclined to grant anticipatory bail to the petitioner.

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7. Accordingly, the petitioner is ordered to be released on bail in the event of their arrest or appearance, within a period of

fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate, Musiri, on his executing 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 Magistrate concerned and on further condition that:

[a] 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 for interrogation.

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

[c] the petitioner shall not abscond either during investigation or trial.

[d] 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 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]. sd/- 28/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, MUSIRI, TRICHY DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE, TRICHY 3 THE SUB INSPECTOR OF POLICE, VATHALAI POLICE STATION, TRICHY DISTRICT.

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

+1. CC to M/S.S.MUTHUKRISHNAN Advocate SR.No.37118

ORDER

IN CRL OP(MD) No.17984 of 2017 Date :28/12/2017 PK/CM/SAR-2/02.01.2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/