At, Before the Madurai Bench of Madras High Court
By, THE HONOURABLE MR. JUSTICE A.A. NAKKIRAN
For the Petitioner: M/s. K. Arulraj, Advocate. For the Respondent: M. Muthumanikkam, Government Advocate (Crl.Side).
The Court made the following order :-
1. The petitioner/Accused No.3, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 379 of IPC r/w 21(1) Mines and Minerals (Development and Regulation Act, 1957, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner along with other accused were illegally transported one unit of gravel sand without any valid permit. Hence, the complaint.
3. The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that the petitioner shall abide any condition imposed by this Court.
4. The learned Government Advocate (Crl.side) appearing for the respondent police would submit that there are twenty three accused in this case and the petitioner is arrayed as third accused. The petitioner and other accused have illegally transported the one unit of gravel sand. He would further submit that no previous case is pending against the petitioner.
5. Considering the facts and circumstances of the case and also considering the antecedents of the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, the petitioner shall deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand only) to the credit of Crime No.297 of 2022 before the learned Judicial Magistrate, Manaparai, without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before the trial Court.
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, Manaparai, 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 learned Magistrate concerned and on further conditions that:
[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.
[b] the petitioner shall report before respondent police daily at 10.30 a.m., until further orders;
[c] the petitioner shall not tamper with the evidence or witness either during investigation or trial
[d] the petitioner shall not abscond either during investigation or trial.
[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
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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 229-A IPC.