Thennarasu v. The State Re By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Seventeenth day of February Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice R. PONGIAPPAN CRIMINAL ORIGINAL PETITION No.3869 of 2022 THENNARASU [ PETITIONER / ACCUSED ] Vs THE STATE RE BY [ RESPONDENT ] THE INSPECTOR POLICE, PORAIYAR POLICE STATION, MAYILADUTHURAI DISTRICT.

(CRIME NO.753/2020) For Petitioner : M/S.D.SAIKUMARRAN 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 Sections 379 & 420 of IPC r/w 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.753 of 2020, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that when the defacto complainant i.e. the Assistant Director, Geology Mining Department, Nagapattinam, was on regular vehicle inspection, he found that the petitioner has illegally taken sand from the river bed and he seized the vehicle and produced it before the respondent police. Hence, the respondent police registered a case against the petitioner.

3. The learned counsel appearing for the petitioner submits that the petitioner is the owner of the vehicle and he has not committed any 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.25,000/-(Rupees Twenty Five Thousand) for any welfare activities as may be ordered by this

Court. In fact, learned counsel for the petitioner submit that a sum of Rs.25,000/- be given to "Madras High Court Advocate Clerks Welfare Association".

4. The learned Government Advocate (Criminal Side) appearing for the respondent police submits that on seeing the respondent police the petitioner flew away from the scene of occurrence and the property which was used for commission of offence has been recovered and the same is in the custody of the police. However, he opposed for grant of anticipatory bail to the petitioner.

5. Considered the submissions made by the learned counsel on either side.

6. In view of the fact that the property used for transporting the river sand has been recovered and further, the petitioner on his own volition is ready to contribute a sum of Rs.25,000/- 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 Judicial Metropolitan Magistrate, Mayiladuthurai, on condition that the petitioner shall execute a bond for a sum of Rs.

25,000/- (Rupees Twenty Five 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 his own volition, the petitioner shall make a non refundable deposit of Rs.25,000/- through demand draft in favour of "Madras High Court Advocate Clerks Welfare Association", under necessary acknowledgment.

(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 10.00 a.m., for a period of 30 days and thereafter as and when required for interrogation.

(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/- 17/02/2022 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 METROPOLITAN MAGISTRATE, MAYILADUTHURAI.

2 THE CHIEF JUDICIAL MAGISTRATE NAGAPATTINAM [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, PORAIYAR POLICE STATION, MAYILADUTHURAI DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE MADRAS HIGH COURT ADVOCATE CLERKS WELFARE ASSOCIATION, HIGH COURT, MADRAS.

+1CC to M/S.D.SAIKUMARRAN Advocate on payment of necessary charges SR.No.2546 CRL OP.3869/2022 Date :17/02/2022 CSK 21/02/2022