Suresh v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 06.01.2022

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.172 of 2022 1.Suresh

...Petitioners

2.Krishnan

Versus

The State Represented by

...Respondent

The Inspector of Police, Paparapatti Police Station, Dharmapuri District.

(Crime No.542 of 2021) Prayer:- Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure seeking to enlarge the petitioners on anticipatory bail in the event of their arrest in the Cr.No.542 of 2021 on the file of the respondent police.

For Petitioners : Mr.C.Prabakaran For Respondent : Mr.A.Gokulakrishnan, Additional Public Prosecutor

ORDER

The petitioners, who apprehends arrest for the alleged offence under Sections 379 of IPC r/w Section 21(1) of Tamilnadu Mines and Minerals (Development and Regulation) Act 1957 in Cr.No.542 of 2021 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioners along with accused/A1 have illegally transported 4 units of red sand in tipper lorry. Hence, the complaint.

3. The learned counsel appearing for the petitioners submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. However, on instructions, the learned counsel further submitted that the petitioners, on their own volition, are ready and willing to contribute a sum of Rs.20,000/- in total to the credit of the Registered Advocate Clerk Association, Dharmapuri District that may be imposed by this Court. He prays for grant of anticipatory bail to the petitioners.

4.The learned Additional Public Prosecutor submits that petitioners along with accused/A1 have illegally transported four units of red sand and 1st petitioner is the owner of the lorry. He further submits that there are no previous cases pending against the petitioners.

5. Considering the facts and circumstances of the case and also considering the submission made by the learned Additional Public Prosecutor, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their 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 Court, Pennagaram, Dharmapuri District on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each, 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 are directed to deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) in total, to the credit of Registered Advocate Clerk Association, Dharmapuri District, within a period of fifteen (15) days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier and shall produce the said receipt before the Court below. (b)the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(c)the petitioners are directed to report before the respondent police on every Tuesday at 10.30 a.m. until further orders; (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]; and;

(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A 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, PENNAGARAM, DHARMAPURI DISTRICT.

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

4 THE INSPECTOR OF POLICE, PAPARAPATTI POLICE STATION, DHARMAPURI DISTRICT.

5 THE REGISTERED ADVOCATE CLERK ASSOCIATION, DHARMAPURI DISTRICT.

+1 CC to M/S C. PRABAKARAN Advocate on payment of necessary charges SR.NO.348 CRL OP.172/2022 Date :06/01/2022 TA-12/01/2022