Madras High Court
Tiruvarur District vs State Rep. By on 23 June, 2020
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
Crl.O.P.No.9210 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.06.2020
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No.9210 of 2020
Ajay @ Ajaykaran
S/o.Chellapandi
Middle street, Maruthuvakudi,
Kodavasal Taluk
Tiruvarur district. ... Petitioner
Vs.
State Rep. by
The Inspector of Police,
Eravanchery Police Station,
Tiruvarur District
Cr. No.202 of 2020 ... Respondent
PRAYER: Criminal Original Petition has been filed under Section 438 Cr.P.C
to grant anticipatory bail to the petitioner in the event of arrest in
connection with Crime No.202 of 2020 on the file of the respondent police.
For Petitioner : M/s.T.Muruganantham
For Respondent : Mr.M.Mohamed Riyaz,
Additional Public Prosecutor
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Crl.O.P.No.9210 of 2020
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 430 and 379 of IPC and Section 4(1) (1A) and 21(1) of Mines & Minerals (Development & Regulation) Act 1957 in Crime No.202 of 2020, on the file of the respondent police, seeks anticipatory bail.
2. It is the case of the prosecution that the petitioner is alleged to have transported one unit of river sand illegally. Hence the complaint.
3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner.
4. The learned Additional Public Prosecutor appearing for the respondent submitted that the petitioner transported one unit of river sand illegaly in a tractor. He further submitted that there is no previous case pending against the petitioner.
5. This Court is of the opinion that the petitioner is directed to deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand only) as non http://www.judis.nic.in 2/6 Crl.O.P.No.9210 of 2020 refundable deposit to the credit of the Cancer Institute (WIA), (Regional Cancer Centre), Adyar, Chennai 600 020 without prejudice to his rights and contentions before the trial Court. Merely, because the petitioner has deposited the said amount, it would not amount to admission of his guilt. Therefore, it is open to the trial Court to deal with the case independently.
6. Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is directed to deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand only) as non refundable deposit to the credit of Cancer Institute (WIA), (Regional Cancer Centre), Adyar, Chennai 600 020 within a period of fifteen days from the date on which the order copy made ready and on such deposit the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned District Munsif cum Judicial Magistrate, Nanilam 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:
http://www.judis.nic.in 3/6 Crl.O.P.No.9210 of 2020 [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.
[b] the petitioner shall deposit a sum of Rs.15,000/- (Rupees Fifteen thousand only) to the credit of the Cancer Institute (WIA), (Regional Cancer Centre), Adyar, Chennai 600 020 and shall produce the said receipt before the Court below.
[c] 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.
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioner shall not abscond either during investigation or trial.
[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].
http://www.judis.nic.in 4/6 Crl.O.P.No.9210 of 2020 [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
23.06.2020 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order dpq To
1. The Principal Sessions Court, Tiruvarur.
2. The District Munsif cum Judicial Magistrate, Nanilam.
3. The Inspector of Police, Eravanchery Police Station, Tiruvarur District
4. The Public Prosecutor, Madras High Court, Chennai.
http://www.judis.nic.in 5/6 Crl.O.P.No.9210 of 2020 G.K.ILANTHIRAIYAN, J dpq Crl.O.P.No.9210 of 2020 23.06.2020 http://www.judis.nic.in 6/6