Arul v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.01.2022

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI Crl.O.P.No.1033 of 2022 Arul

...Petitioner

Versus

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

(Crime No.14 of 2022)

...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 in Crime No.14 of 2022 pending investigation on the file of the respondent police. For Petitioner : Mr.S.Sivakumar For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor (DATED 18/03/2022) MR.L.BASKARAN,Govt.Advocate(Crl.Side) (DATED 18/03/2022)

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 379, 430 of IPC and Section 21(5) of Mines & Minerals (Development & Regulation) Act 1957, in Crime No.14 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner had illegally transported 1 unit of river sand by using Tractor, without any permission. Hence, the complaint.

3. The learned counsel appearing 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

sum of Rs.10,000/- to any charitable trust. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent submitted that there is no previous case pending against the petitioner and the investigation is almost completed. However, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also the fact that the investigation is almost completed, 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 and District Sessions Judge, Tiruvannamalai 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 Amalarakkaini Education, Economic and Social Development Society, Amalivanam, Susai Nagar, Polur Taluk Thiruvannamalai, Phone No.04173-247931, Cell No.9443485497, 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 appear before the respondent 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 19/01/2022 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.

(*) AMENDED AS PER ORDER OF THIS COURT DATED 18/03/2022 MADE IN CRL.MP.3394/2022 TO 1 (*)Principal and District Sessions Judge, Tiruvannamalai District, 2 THE JUDICIAL MAGISTRATE, SENGAM, TIRUVANNAMALAI DISTRICT.

3 THE CHIEF JUDICIAL MAGISTRATE TIRUVANNAMALAI(FOR INFORMATION) 4 THE INSPECTOR OF POLICE, SENGAM POLICE STATION, TIRUVANNAMALAI DISTRICT.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

6 THE AMALARAKKAINI EDUCATION, ECONOMIC AND COCIAL DEVELOPMENT SOCIETY, AMALIVANAM,SUSAI NAGAR, POLUR TALUK THIRUVANNAMALAI. PH NO.04173-247931, CELL NO.9443485497 CC to M/S. S.SIVAKUMAR Advocate on payment of necessary charges Sr.4183 CRL OP.1033/2022 Date :19/01/2022 RVR 25/01/2022 RVR 24/03/2022