Selvaraj v. State By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 10.02.2021 CORAM :

THE HON'BLE Mr.JUSTICE V. BHARATHIDASAN Crl.O.P.No.2139 of 2021 Selvaraj ... Petitioner Vs.

State rep. by Inspector of Police, Kamanaickenpalayam Police Station, Tiruppur District.

(Crime No.44 of 2021) ... Respondent PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on bail in the event of his arrest in Crime No. 44 of 2021 pending investigation on the file of the Respondent.

For Petitioner : Mr.N.Ponraj For Respondent : Mr.S.Karthikeyan Additional 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 Sections 379 of I.P.C r/w Section 21(1) and 21(4) of Mines and Minerals Development & Regulation Act, 1957 in Crime No.44 of 2021, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner is said to have transported two units of gravel sand illegally by using Tipper Lorry, without having valid license and Government permission and thereby, the police had seized the vehicle. Hence, the criminal case has been registered against the petitioner.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he is in no way connected with the alleged offence. He would submit that he has been falsely implicated as accused in this case. On instruction, he would further submit that without prejudice to his rights and contentions, the petitioner is prepared to deposit/pay some considerable amount to any charitable organization or association and hence, he prays for grant of anticipatory bail.

4. The learned Additional Public Prosecutor appearing for the respondent submitted that the petitioner transported two units of gravel sand illegally by using Tipper Lorry without having valid license and hence, the respondent police had seized the vehicle. He would submit that there is no previous case pending against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

5. In order to curb the illegal transportation of sand and taking into consideration of the voluntary submission made by the petitioner offering to deposit or to pay considerable amount to any charitable organization or association, this Court is of the opinion that the petitioner may be directed to deposit/pay a sum of Rs.15,000/- (Rupees Fifteen Thousand only) to the Anbukarangal, 1/216, Vivakanandar Street, Kottivakkam, Chennai-41, Ph: 04424928383, 9841434070, State Bank of India, A/c.No.10398221091; IFSC.No.SBIN0010516, without prejudice to his right and contention before the trial Court.

6. Merely, because the petitioner has deposited the said amount, it would not amount to admission of his guilt. Therefore, it is open to the trial Court to deal with the case independently.

7. Taking note of the facts and circumstances and also considering the fact that there is no previous antecedents against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions :- (a) The petitioner is directed to pay a sum of Rs.15,000/- (Rupees Fifteen Thousand only) either through RTGS/NEFT or in cash in favour of Anbukarangal, 1/216, Vivakanandar Street, Kottivakkam, Chennai-41, Ph:044-24928383, 9841434070, State Bank of India, A/c.No.10398221091; IFSC.No.SBIN0010516, within fifteen (15) days from the date of receipt of a copy of this order. On such deposit, the petitioner is ordered to be released on bail in the event of his arrest or his appearance before the learned Judicial Magistrate, Palladam, 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, and on further condition that: [b] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the respondent/police may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[c] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for the 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 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 abscond, a fresh FIR can be registered under Section 229A IPC.

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

-sd/- 10/02/2021 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, PALLADAM.

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

4 THE INSPECTOR OF POLICE, KAMANAICKENPALAYAM POLICESTATION, TIRUPPUR DIST.

5.Anbukarangal, 1/216,Vivakanandar Street, Kottivakkam,Chennai-41, Ph: 044-24928383,9841434070, State Bank of India, A/c.No.10398221091;

IFSC.No.SBIN0010516.

+1CC to M/S.N.PONRAJ Advocate on payment of necessary charges SR.NO.1402 CRL OP.2139/2021 Date :10/02/2021 ksm 22/02/2021