Velu 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.129 of 2022 Velu ... Petitioner

Versus

State Rep by The Inspector of Police, Kalambur Police Station, Kalambur, Tiruvannamalai District.

(Crime No.105 of 2021) ... Respondent Prayer:-Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure seeking to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.105 of 2021 pending investigation on the file of the respondent police. For Petitioner :

Mr.B.Jawahar For Respondent :

Mr.A.Gokulakrishnan, Additional Public Prosecutor

ORDER

The petitioner who apprehends arrest for the alleged offence under Section 379 & 430 of IPC and Section 21(5) of Mines and Minerals (Development & Regulation) Act 1957 in Crime No.105 of 2021 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 involved in quarrying of 11⁄2 units of gravel sand by using four tractor along with 1 JCB without any permission and the same has been seized by the respondent police. Hence the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he is the owner of the said land. However, on instructions, the learned counsel further submitted that the petitioner, on his own volition, is ready and willing to contribute a sum of Rs.15,000/- to any charitable institute that may be imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent submitted that the petitioner has involved in illegal quarrying of 11⁄2 units of gravel sand by using four tractor along with 1 JCB without proper permit and the same has been seized by the respondent police.

5. Considering the facts and circumstances of the case and also considering the submission made by the learned Additional Public Prosecutor and the undertaking of the petitioner that he is ready and willing to deposit an amount of Rs.15,000/- to any charitable institution, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered 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 Principal District and Sessions Court, Tiruvannamalai, 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.

15,000/- (Rupees Fifteen Thousand only) to the credit of Amalarakkaini Education, Economic and Social Development Society, Amalivanam, Susai Nagar-Post Office, Polur Taluk, Tiruvannamalai District, Contact No.9443485497 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 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 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 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 PRINCIPAL DISTRICT AND SESSIONS COURT, TIRUVANNAMALAI 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 INSPECTOR OF POLICE, KALAMBUR POLICE STATION, KALAMBUR, TIRUVANNAMALAI DISTRICT.

4 THE AMALARAKKAINI EDUCATION, ECONOMIC AND SOCIALDEVELOPMENT SOCIETY, AMALIVANAM SUSAI NAGAR-PO, POLUR TALUK, TIRUVANNAMALAI DISTRICT. PH:9443485497 CC to M/S. B.JAWAHAR Advocate on payment of necessary charges Sr.444 CRL OP.129/2022 Date :06/01/2022 RVR 11/01/2022