Madras High Court
N.Ananthakumar @ Anandan vs State Rep. By Inspector Of Police on 22 June, 2020
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
Crl.OP.No.9158 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :22.06.2020
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No.9158 of 2020
1.N.Ananthakumar @ Anandan,
S/o.Natraj,
3/240/1, Parayan Thottam,
Sulur Taluk,
S.P.Vadugapalayam,
Sencheriputhur,
Coimbatore-641 671.
2. Dinesh,aged 26 years,
S/o.Chinna Idaiyappan,
No.1264, Udaiyarpalaiyam,
Karatholuvu,
Tiruppur. … Petitioners/Accused
Vs.
State Rep. by Inspector of Police,
Kundadam Police Station,
Tiruppur District.
Crime.No.743 of 2020 … Respondent/Complainant
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Crl.OP.No.9158 of 2020
Prayer: Criminal Original Petition filed under Section 438 Cr.P.C.,
praying to enlarge the petitioners on anticipatory bail in the event of their
arrest in Crime No.743 of 2020 on the file of the respondent police.
For Petitioners : Mr. K.Suresh
For Respondent : Mr.M.Mohamed Riyaz,
Additional Public Prosecutor
ORDER
The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Section 379 of IPC in Crime No.743 of 2020, on the file of the respondent police, seeks anticipatory bail.
2. It is the case of the prosecution that the petitioners are alleged to have transported three units of river sand illegally. Hence the complaint.
3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. Hence, he prays to grant Page 2 of 6 http://www.judis.nic.in Crl.OP.No.9158 of 2020 anticipatory bail to the petitioners.
4. The learned Additional Public Prosecutor appearing for the respondent submitted that the quantity of sand involved is three units of sand. He further submitted that there is no previous case pending against the petitioners.
5. This Court is of the opinion that the petitioners are directed to deposit a sum of Rs.45,000/- (Rupees Forty Five Thousand only) jointly as non refundable deposit to the credit of the Cancer Institute (WIA), East Canal Bank Road, Adyar, Chennai, without prejudice to his rights and contentions before the trial Court. Merely, because the petitioners have deposited the said amount, it would not amount to admission of their guilt. Therefore, it is open to the trial Court to deal with the case independently.
7.Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Page 3 of 6 http://www.judis.nic.in Crl.OP.No.9158 of 2020 Accordingly, the petitioners are directed to deposit a sum of Rs.45,000/- (Rupees Forty Five Thousand only) jointly as non refundable deposit to the credit of the Cancer Institute (WIA), East Canal Bank Road, Adyar, Chennai, within a period of fifteen days from the date on which the order copy made ready and on such deposit the petitioners are ordered to be released on aniticipatory bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Dharapuram, on condition that each of the petitioners shall execute a separate 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:
[a] the petitioners 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 petitioners shall deposit a sum of Rs.45,000/- (Rupees Page 4 of 6 http://www.judis.nic.in Crl.OP.No.9158 of 2020 Forty Five Thousand only) jointly as non refundable deposit to the credit of the Cancer Institute (WIA), East Canal Bank Road, Adyar, Chennai, and shall produce the said receipt before the Court below.
[c] the petitioners 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 petitioners shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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].
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
22.06.2020 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order smv Page 5 of 6 http://www.judis.nic.in Crl.OP.No.9158 of 2020 G.K.ILANTHIRAIYAN, J smv To
1. Inspector of Police, Kundadam Police Station, Tiruppur District.
2. The Public Prosecutor, Madras High Court, Chennai.
Crl.O.P.No. 9158 of 2020
22.06.2020 Page 6 of 6 http://www.judis.nic.in