Devakumar v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Seventh day of February Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice R. PONGIAPPAN CRIMINAL ORIGINAL PETITION No.2736 of 2022 1 DEVAKUMAR [ PETITIONERS / ACCUSED ] 2 SARAVANAN 3 VENKATESH @ VENKATESAN 4 JAYARAMAN 5 KARTHIK 6 ANNAMALAI Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, MELMARUVARTHUR POLICE STATION, CHENGALPATTU DISTRICT (CR NO.36/2022) For Petitioner : M/S.S.N.ARUNKUMAR Advocate For Respondent : MR.S.SANTHOSH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence under Sec. 430, 379 of IPC r/w 21(1) of Mines and Minerals (Development and Regulation) Act, in Crime No.36 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 28.01.2022 at about 05.30 a.m., the petitioners were found in illegal possession of 1 unit of river sand. Hence, the Law Enforcing Agency registered a case against the petitioners.

3.The learned counsel appearing for the petitioners submits that the petitioners have not committed any such offence as alleged by the prosecution and they have been falsely implicated in this case. However, on instructions, the learned counsel further submits that

the petitioners, on their own volition, are ready and willing to contribute a sum of Rs.5,000/- each for any welfare activities as may be ordered by this Court. In fact, learned counsel for the petitioners submits that a sum of Rs.5,000/- each be given to " The Director, Cancer Institute(WIA), Adayar for treating Cancer patients";

4. The learned Government Advocate (Criminal Side) appearing for the respondent police submits that the property which was used for committing the offence has been recovered and the same is in the custody of the police. He further submits that there is no previous cases pending against the petitioners. However, he opposed for grant of anticipatory bail to the petitioners.

5. In view of the fact that the property used for transporting the river sand has been recovered and further, the petitioners on their own volition are ready and willing to contribute a sum of Rs.5,000/-each for the purpose of welfare activities, this Court is inclined to grant anticipatory bail to the petitioners. 6.Accordingly, the petitioners are 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 Court, Maduranthakam on condition that the petitioners 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 and on further condition that:

(a) if the petitioners failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b) as undertaken by the petitioners on their own volition, the petitioners shall make a non refundable deposit of Rs.5,000/- each through demand draft in favour of " The Director, Cancer Institute(WIA), Adayar for treating Cancer patients under necessary acknowledgment. The above contribution is made without prejudice to their defence before the trial court and the petitioners shall submit proof of payment of the said amount before the aforesaid learned Judicial Magistrate, who after perusing the receipt/acknowledgment shall accept the sureties furnished by the petitioners; (c) the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(d) the petitioners shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required.

(e)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(f)the petitioners shall not abscond either during investigation or trial;

(g)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]; and; (h)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 07/02/2022 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, MADURANTHAKAM.

2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, MELMARUVARTHUR POLICE STATION, CHENGALPATTU DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE DISRECTOR CANCER INSTITUTE (WIA), ADAYAR, CHENNAI-600 020.

+1CC to M/S.S.N.ARUNKUMAR Advocate on payment of necessary charges SR.No.2041 CRL OP.2736/2022 Date :07/02/2022 CSK 15/02/2022