Sakthivel v. State Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 12.02.2021 CORAM :

THE HON'BLE MR. JUSTICE V. BHARATHIDASAN Crl.O.P.No.2506 of 2021

1. Sakthivel ... Petitioners

2. Venkatesan Vs The State rep by its ... Respondent Inspector of Police, Kalasapakkam Police Station, Thiruvannamalai District.

(Crime No.35 of 2021) PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioners on bail in the event of arrest in Crime No.35 of 2021 pending on the file of the respondent police.

For Petitioners: Mr.Sathiyaraj.E For Respondent : Mr.S.Karthikeyan Addl. Public Prosecutor

ORDER

(The case has been heard through video conference) The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Section 379 and 430 of IPC r/w Section 21(5) of Mines and Minerals (Development & Regulation) Act 1957 r/w Section 3 of TN Public Property (PRVNT of DAMAGE & LOSS) Act 1922 in Crime No.35 of 2021, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners had transported one unit of river sand illegally by using a vehicle, without any valid licence. Hence, the complaint.

3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. On instruction, he would further submit that the petitioners are prepared to deposit some considerable amount to any charitable organization or association without prejudice to his contention and 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 one unit. He further submitted that there are no previous cases pending against the petitioners.

5. In order to curb the illegal sand mining activities, this Court is of the opinion that the petitioners are directed to deposit a sum of Rs.10,000/- each (Rupees Ten Thousand Only) as non refundable deposit to 'Valluvar Gurukulam Home for Girls, 54, GST Road, Tambaram, Chennai-45, Union Bank of India, Mylapore Branch, A/C.No.395702010008963, IFSC Code. No. UBIN0539571 without prejudice to his rights and contentions before the trial Court.

6. Merely, because the petitioners have 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, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

(a) The petitioners are directed to deposit a sum of Rs.10,000/- each (Rupees Ten Thousand Only) as non-refundable deposit either through RTGS/NEFT or in cash in favour of 'Valluvar Gurukulam Home for Girls, 54, GST Road, Tambaram, Chennai-45, Union Bank of India, Mylapore Branch, A/C.No.395702010008963, IFSC Code. No. UBIN0539571 and on such payment and production of proof of deposit of the above amount, he shall be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned District Munsif-Cum-Judicial Magistrate, Kalasapakkam, Tiruvannamalai on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- each (Rupees Ten Thousand Only) with two sureties each for the like sum to the satisfaction of the police officer who intends to arrest, failing which the petition for anticipatory bail shall stand dismissed automatically and on further condition that:

[b] the petitioners 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 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 for the interrogation.

[d] the petitioners shall not tamper with evidence or witness either during investigation or trial. [e] the petitioners 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 absconds, a fresh FIR can be registered under Section 229A IPC.

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

-sd/- 12/02/2021 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 DISTRICIT MUNSIF CUM JUDICIAL MAGISTRATE, KALASAPAKKAM, TIRUVANNAMALAI 2 THE CHIEF JUDICIAL MAGISTRATE, TIRUVANNAMALAI [FOR INFORMATION].

3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, KALASAPAKKAM POLICE STATION, THIRUVANNAMALAI DISTRICT.

5 VALLUVAR GURUKULAM HOME FOR GIRLS, 54, GST ROAD, TAMBARAM, CHENNAI- 45, UNION BANK OF INDIA, MYLAPORE BRANCH, A/C.NO.395702010008963, IFSC CODE. NO. UBIN0539571 +1 CC to M/S.SATHIYARAJ E. Advocate on payment of necessary charges SR NO. 1547 CRL OP.2506/2021 Date :12/02/2021 MN-19/02/2021