Sivaraman v. State By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.No.2388 of 2021 K.Sivaraman .. Petitioner Vs.

State represented by Inspector of Police, Muthandikuppam Police Station, Cuddalore District.

(Crime No.1098 of 2020) .. Respondent Prayer: Criminal Original Petition filed under Section 438 of Criminal Procedure Code praying to enlarge the petitioner on bail in the event of his arrest in Crime No.1098 of 2020 pending trial on the file of the respondent.

For Petitioner : Mr.V.Neethidurai For Respondent : Mr.S.Karthikeyan Addl. Public Prosecutor - - - - -

O R D E R

(The case has been heard through video conference) The petitioner (A2) apprehending arrest at the hands of the respondent police for the alleged offence under Section 21(1) of Mines & Minerals (Development & Regulation) Act, 1957 r/w Sections 379 and 430 of IPC, in Crime No.1098 of 2020 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to soil erosion A1 wanted to fill soil in his land and he hired Sivaraj Tractor from one Arjunan of Reddipalayam village. The petitioner was a helper and he loaded soil into the tractor. The soil was taken unauthorizedly. Hence, the respondent police registered a case against the petitioner.

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

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner has transported the soil unauthorizedly. Further A1 was already granted anticipatory bail.

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

(a) 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 of receipt of a copy of this order, before the learned Judicial Magistrate No.1, Panruti, on condition that the petitioner 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 petitioner 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 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 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/- 17/02/2021 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 THE JUDICIAL MAGISTRATE NO.I, PANRUTI.

2 THE CHIEF JUDICIAL MAGISTRATE CUDDALORE [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, MUTHANDIKUPPAM POLICE STATION, CUDDALORE DISTRICT.

+1CC to M/S.V.NEETHIDURAI Advocate on payment of necessary charges SR NO.1884 CRL OP.2388/2021 Date :17/02/2021 MK:24/02/2021