Shankar v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.01.2022

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.591 of 2022 Shankar ... Petitioner

Versus

State represented by The Inspector of Police, Somangalam Police Station, Kancheepuram District.

(Crime No.532 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 by the respondent police concerned in Crime No.532 of 2021 on the file of the Inspector of Police, Somangalam Police Station, Kancheepuram District.

For Petitioner :

Mr.K.Selvaraj For Respondent :

Mr.A.Gokulakrishnan, Additional Public Prosecutor

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 r/w 21(1) of Mines & Minerals (Development & Regulation) Act, 1957 in Crime No.532 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant along with two other police officials, while on vehicle inspection / patrolling duty on 02.10.2021, allegedly saw a Bharat Benz Tipper Lorry speeding towards them, coming from West Tambaram Direction. The defacto complainant further alleged that he upon suspicion, stopped the lorry and enquired the driver. The defacto complainant alleged that upon enquiry, he found that the lorry was transporting 2 units of river sand and that the driver did not have adequate permissions for transporting river sand. Hence the complaint.

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 Additional Public Prosecutor appearing for the respondent submitted that the petitioner illegally transported 2 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 District Munsif cum Judicial Magistrate Court at Sriperumbudur, Kancheepuram District, 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 Registered Advocate Clerk Association, Kancheepuram 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 daily 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/- 11/01/2022 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE COURT AT SRIPERUMBUDUR, KANCHEEPURAM 2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU(FOR INFORMAION) 3 INSPECTOR OF POLICE, SOMANGALAM POLICE STATION, KANCHEEPURAM DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE REGISTERED ADVOCATE CLERK ASSOCIATION, KANCHEEPURAM DISTRICT.

CC to M/S. K.SELVARAJ Advocate on payment of necessary charges Sr.681 CRL OP.591/2022 Date :11/01/2022 RVR 24/01/2022