Radharavi v. State, Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 09.02.2021 CORAM :
THE HON'BLE MR. JUSTICE V. BHARATHIDASAN Crl.O.P.No.1172 of 2021 Radharavi ... Petitioner VS.
State represented by The Inspector of Police, D-6, Podaturpet Police Station, Thiruvallur District.
(Crime No.04 of 2021) ... Respondent PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on in the event of their arrest concerned in Crime No.04 of 2021,on the file of the Inspector of Police, D-6, Podaturpet Police Station, Thiruvallur District.
For Petitioner : Mr.P.Chandrasekar For Respondent : Mr.S.Karthikeyan Addl. Public Prosecutor
O R D E R
(The case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 379, 430 of IPC, r/w Section 21(1) of the Tamilnadu Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.04 of 2021, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner had transported 25Kg of river sand illegally by using a vehicle, without any valid licence. Hence, the complaint.
3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. Hence,he prayed for grant of anticipatory bail.
4. The learned Additional Public Prosecutor appearing for the respondent submitted that the quantity of river sand involved is 25kg. He further submitted that there are no previous case pending against the petitioner.
5. Taking into consideration, the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with the following 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 days from the date on which the order copy made ready, before the learned DMC-Cum-Judicial Magistrate, Pallipattu on condition that the petitioner shall execute a 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: [a] 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.
[b] the petitioner shall report before the respondent police as and when required for interrogation.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioner shall not abscond either during investigation or trial.
[e] 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]. [f] If the accused persons thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
8. With the above directions, this Criminal Original Petition is ordered.
-sd/- 09/02/2021 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, PALLIPATTU 2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR(FOR INFORMATION) 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, D-6, PODATURPET POLICE STATION, THIRUVALLUR DISTRICT.
CC to M/S.P.CHANDRASEKAR Advocate on payment of necessary charges Sr.1442 CRL OP.1172/2021 Date :09/02/2021 RVR 19/02/2021