Arumugam v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.01.2022

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.77 of 2022 Arumugam ... Petitioner

Versus

State represented by its, ... Respondent The Inspector of Police, Arakkonam Taluk Police Station, Ranipet District.

(Crime No.385 of 2020) Prayer:- Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioner on bail in the event of his arrest in connection with in Crime No.385 of 2020 pending on the file of the respondent police.

For Petitioner :

Mr.D.Dayalan For Respondent :

Mr.N.S.Suganthan Government Advocate (Crl. Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 430, 379 of IPC, 1860 r/w Section 3 of Tamil Nadu Property (Prevention of Damage & Loss) Act, 1992 in Crime No.385 of 2020, seeks anticipatory bail.

2. The case of the prosecution is that on 19.06.2020 when the respondent police party was conduct routine checkup in Cemetery, Old Colony at Arigilpadi area, at the time, three persons are taken sand in the river area. On seeing the police parties, they are run away from the place leave the vehicle. When the respondent police checkup the vehicle and found illegally transport 3 unit of sand in JCB vehicle without valid license and committed mischief by doing damage of river by taking it out of the possession of the authority, in sum and substance, allegation against this petitioner is that he also participates in the crime. Hence this case.

3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail.

4. The learned Government Advocate (Crl. Side) appearing for the respondent submitted that the petitioner illegally transported 3 units of river sand without permission. However, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is directed to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier, before the learned Judicial Magistrate at Arakkonam, 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:

[a] the petitioner is directed to deposit a sum of Rs.30,000/- (Rupees Thirty Thousand only) to the credit of the Registered Advocate Clerk Association, Ranipet District within a period of two weeks from the date of receipt of a copy of this order and shall produce the said receipt before the Court below. [b] 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.

[c] the petitioner is directed to report before the respondent police on every Tuesday and Saturday at 10.30 a.m., until further orders;

[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 anticipatory 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. -sd/- 06/01/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, ARAKKONAM.

2 THE CHIEF JUDICIAL MAGISTRATE VELLORE. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, ARAKKONAM TALUK POLICE STATION, RANIPET DISTRICT.

5 THE REGISTERED ADVOCATE CLERK ASSOCIATION, RANIPET DISTRICT.

+1 CC to MR.D.DAYALAN, Advocate on payment of necessary charges SR.NO.240 CRL OP.77/2022 Date :06/01/2022 TA-12/01/2022