Siva v. The 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.188 of 2022 Siva ... Petitioner

Versus

State represented by The Inspector of Police, Sholavaram Police Station, Thiruvallur District.

(Crime No.1590 of 2021) ... Respondent 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 pending investigation in Crime No.1590 of 2021 on the file of Inspector of Police, Sholavaram Police Station, Thiruvallur District.

For Petitioner :

Mr.A.Arun Kumar For Respondent :

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

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 379, 430 of IPC in Crime No.1590 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner is doing business in the name of Sri Lakshmi Narayana Agency and the petitioner is one of the partner in the business, were the petitioner was alleged to be transported 6 unit of Gravel Sand without valid license for which respondent police intercepted the vehicle and the Gravel sand and thereafter registered the case against the petitioner. Hence the 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 soil. 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 No.II at Ponneri, 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.10,000/- (Rupees Ten Thousand only) to the credit of the Society for the Educational and Economic Development (SEED) Reg., Sriperumbudur, Account Name: SEED, Account No:2926101000002, Canara Bank, Sriperumbudur, IFSC CNRB0002926, Cell No.9944812053 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 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 NO.II, PONNERI.

2 THE CHIEF JUDICIAL MAGISTRATE, TIRUVALLUR DISTRICT (FOR INFORMATION).

3 THE INSPECTOR OF POLICE, SHOLAVARAM POLICE STATION, TIRUVALLUR DISTRICT.

4 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

5 THE SOCIETY FOR THE EDUCATIONAL AND ECONOMIC DEVELOPMENT (SEED), AC.NO.2926101000002, CANARA BANK, SRIPERUMBUDUR, IFSC. CNRB0002926, CELL.9944812053.

+1 CC to M/S.A.ARUN KUMAR Advocate on payment of necessary charges SR.NO.352 CRL OP.188/2022 Date :06/01/2022 INBA▬11/01/2022