Nagaraj v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Eighth day of February Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice R. PONGIAPPAN CRIMINAL ORIGINAL PETITION No.2968 of 2022 NAGARAJ [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, VELLORE NORTH POLICE STATION, VELLORE DISTRICT.

CRIME NO.608 OF 2021.

For Petitioner : M/S.E.KANNADASAN 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 petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Sec. 379, 430 of I.P.C, in Crime No.608 of 2021, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 28.12.2021 at about 06.00.p.m., when the respondent police along with his subordinates were involved in regular patrol, they found that the petitioner along with other accused were found in illegal transportation of 25kgs of river sand without any valid permission from the concerned authorities. Hence, the Law Enforcing Agency registered a case against the petitioner.

3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. However, on instructions, the learned counsel further submits that the petitioner, on his own volition, is ready and willing to contribute a sum of Rs.5,000/- for any welfare activities as may be ordered by

this Court. In fact, learned counsel for the petitioner submits that a sum of Rs.5,000/- 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 properties and materials which were 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 petitioner. However, he opposed for grant of anticipatory bail to the petitioner. 5.Heard both sides and perused the FIR placed on records.

6. In view of the fact that the property and the material used for transporting the river sand has been recovered therefore custodial interrogation may not be necessary and further, the petitioner on his own volition is ready and willing to contribute a sum of Rs.5,000/- for the purpose of welfare activities, this Court is inclined to grant anticipatory bail to the petitioner. 7.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 J.M., No.IV, Vellore 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 and on further condition that:

(a) if the petitioner 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 petitioner on their own volition, the petitioner shall make a non refundable deposit of Rs.5,000/- 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 petitioner 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 petitioner;

(c)the petitioner 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 petitioner shall report before the respondent police daily at 10.30 a.m., for a period of thirty(30) days and thereafter as and when required.

(e)the petitioner shall not tamper with evidence or witness either during investigation or trial; (f)the petitioner 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 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]; and;

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

-sd/- 08/02/2022 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, NO.IV, VELLORE.

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

4 THE INSPECTOR OF POLICE, VELLORE NORTH POLICE STATION, VELLORE DISTRICT.

5 THE DIRECTOR CANCER INSTITUTE (WIA) ADYAR, CHENNAI-600 020.

CC to M/S.E.KANNADASAN Advocate on payment of necessary charges CRL OP.2968/2022 Date :08/02/2022 TA-21/02/2022