Madras High CourtCRL OP/408/2021granted

Kumar@Sasikumar v. State Rep.By

2021-01-18Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.01.2021

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.No.408 of 2021

1. Kumar @ Sasikumar

2. Selvi .. Petitioners Vs.

State represented by Inspector of Police, Tholasampatty Police Station, Salem District.

(Crime No.8 of 2021) .. Respondent Prayer: Criminal Original Petition filed under Section 438 of Criminal Procedure Code praying to enlarge the petitioners on bail in the event of their arrest in Crime No.8 of 2021 pending investigation on the file of the Respondent.

For Petitioners :

Mr.W.Camyles Gandhi For Respondent :

Mr.S.Karthikeyan Addl. Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioners are A2 & A3. Apprehending arrest at the hands of the respondent police for the alleged offence under Section 379 of IPC and Section 21(4) of Mines & Minerals (Development & Regulation) Act, 1957 in Crime No.8 of 2021 on the file of the respondent police, the petitioners seek anticipatory bail.

2. The case of the prosecution is that on information from the Village Administrative Officer / Defacto complainant to the respondent police that the petitioners and others were taking bricks in tractors bearing Registration No.TN-30-BY-3625 and TN-56-M-0633, the respondent police went to the said place and searched the tractors and found that without any valid bill, bricks were taken from Chinna Gounder's land. The first petitioner (A2) herein is the driver of the vehicle belonging to the second petitioner (A3). Hence, the respondent police registered a case against the petitioners.

3. The learned counsel appearing for the petitioners submitted that the petitioners did not indulged in any offence and hence, he prays to grant anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that A2 has transported the bricks in the vehicle belonging to A3 without any valid bill.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners, subject to the following conditions :

(a) Accordingly, the petitioners are ordered to be released on bail, in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Omalur, on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties, 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: (b) 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 petitioners shall appear before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter, as and when required for interrogation.

(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]. (g) If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

6. With the above directions,this Criminal Original Petition is ordered.

-sd/- 18/01/2021 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, OMALUR, SALEM DISTICT.

2 THE CHIEF JUDICIAL MAGISTRATE SALEM(FOR INFORMATION) 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 INSPECTOR OF POLICE, THOLASAMPATTY POLICE STATION, SALEM DISTRICT.

CC to M/S.W.CAMYLES GANDHI Advocate on payment of necessary charges Sr.459 CRL OP.408/2021 Date :18/01/2021 RVR 22/01/2021