P.Moorthy v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 22.02.2021 CORAM :

THE HON'BLE MR. JUSTICE V. BHARATHIDASAN Crl.O.P.No.3168 of 2021 P.Moorthy ... Petitioner Vs.

The State Rep. by The Station House Officer, Thirukkanur Police Station, Thirukkanur, Pondicherry.

(Crime No.12 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. 12 of 2021 pending investigation on the file of the Respondent.

For Petitioner : Mr.E.Anbarasan For Respondent : Mr.V.Balamurugane Public Prosecutor for Puducherry

O R D E R

(The case has been heard through video conference) The petitioner apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 379 of I.P.C. and Section 3 of Prevention of Damage to Public Property Act, 1984 and 34 of I.P.C., in Crime No. 12 of 2021, on the file of the respondent police, and now, he has filed this petition seeking to grant anticipatory bail.

2. The case of the prosecution is that the petitioner is a owner of the lorry. On the date of occurrence, while the respondent police was in regular ride, they found that the petitioner said to have transported 1 unit of river sand in his lorry without having valid bill and transit permit. 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 no way connected with the offence. He would submit that the petitioner being owner cum driver of a Tractor, he has been falsely implicated as accused in this case. On instruction, he would further submit that without prejudice to his right and contentions, he is prepared to deposit/pay some considerable amount to any charitable organization or association and prays for grant of anticipatory bail.

4. The learned Additional Public Prosecutor appearing for the respondent submitted that the petitioner is the owner of a lorry and he has transported 1 unit of river sand in his lorry illegally without having valid license. 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 river 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 Dolour's High School for the Deaf, Ponmalaipatti, Trichy-620 004, (Contact : St. Josephine Mary - 90981 73241) A/c.No.700188917 IFSC.No. IDIB000G011, 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 Dolour's High School for the Deaf, Ponmalaipatti, Trichy620 004, (Contact : St. Josephine Mary - 90981 73241) A/c.No.700188917 IFSC.No. IDIB000G011, 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 No.

IV, Pondicherry, on condition that the petitioner shall execute a separate bond for a sum of Rs.

[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 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] [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/- 22/02/2021 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, NO.IV, PONDICHERRY 2 THE CHIEF JUDICIAL MAGISTRATE PONDICHERRY [FOR INFORMATION]

3 THE PUBLIC PROSECUTOR PONDICHERRY.

4 THE STATION HOUSE OFFICER, THIRUKKANUR POLICE STATION, THIRUKKANUR, PONDICHERRY.

5 DOLOUR'S HIGH SCHOOL FOR THE DEAF, PONMALAIPATTI, TRICHY-620 004, (CONTACT : ST. JOSEPHINE MARY - 90981 73241) A/C.NO.700188917 IFSC.NO. IDIB000G011 +1 CC to M/S.E.ANBARASAN Advocate on payment of necessary charges SR.No.2205 CRL OP.3168/2021 Date :22/02/2021 cs 25/02/2021