Sakthivel v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.01.2022

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.636 of 2022 Sakthivel

...Petitioner

Versus

The State Represented by;

The Inspector of Police, Kayar Police Station, Chengalpattu district (Crime No.213 of 2021)

...Respondent

Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., praying to enlarge the petitioner on anticipatory bail in the event of his arrest by the respondent police in Crime No.213 of 2021 on the file of the respondent herein.

For Petitioner : Mr.G.Magesh Kumar For Respondent : Mr.A. Gokulakrishnan Additional Public Prosecutor

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 379 and 430 IPC read with section 21(1)) of Mines and Minerals [Development and Regulation] Act, 1957 in Crime No.213 of 2021 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner was found illegally transported 2 units of river sand by Lorry bearing Registration No.TN-45-A-1479. Hence, this complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, on instructions, the learned counsel further submitted that the petitioner, on his own volition, is ready and willing to contribute a total sum of Rs.20,000/-(Rupees Twenty Thousand Only) to the Government Leprosy Home, Chengalpet District. Hence, he prays for grant of anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor appearing for the respondent police submitted that the petitioner was illegally transported the quantity of two units of river sand by using Lorry. He opposed for grant of anticipatory bail to the petitioner. 5.In order to curb the illegal activities and considering the submission made by the learned counsel for the petitioner, this Court is of the opinion that the petitioner shall be directed to make a non refundable deposit a total sum of Rs.20,000/- (Rupees Twenty Thousand Only), to the credit of the Government Leprosy Home, Chengalpet District, without prejudice to their rights.

6.It is made clear that the deposit of the amount by the petitioner to the said Association would not amount to admission of guilt. The trial Court shall deal with the case independently on merits without reference to the amount deposited at the stage of anticipatory bail.

7. Considering the period of incarceration undergone by the petitioner and also the fact that investigation is completed, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

8. Accordingly, the petitioner is ordered to be released on bail on their executing separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate-I, Chengalpet District, and on further condition that:

(a) the petitioner is directed `to deposit a total sum of Rs.20,000/- (Rupees Twenty Thousand only) to the credit of the Government Leprosy Home, Chengalpet District, within a period of two weeks from the date of receipt of copy of this order and shall produce the said receipt before the Court below. [b] the petitioner shall execute two sureties out of which, one must be a blood surety and another be a local surety, for a sum of Rs.10,000/- (Rupees Ten Thousand only) each, before the Judicial Magistrate-I, Chengalpet, within 15 days from the date of commencement of the Court's normal functioning, failing which the bail granted by this Court shall stand dismissed automatically; (c) the petitioner shall report before the respondent police on every Wednesday 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]; and; (g) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.;

-sd/- 12/01/2022 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.I, CHENGALPET 2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU(FOR INFORMATION) 3 THE INSPECTOR OF POLICE, KAYAR POLICE STATION, CHENGALPATTU DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE GOVERNMENT LEPROSY HOME, CHENGALPET DISTRICT.

CC to M/S.G.MAGESH KUMAR Advocate on payment of necessary charges SR.NO.815 CRL OP.636/2022 Date :12/01/2022 RVR 28/01/2022