Selvaraj v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Eighteenth day of February Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice R. PONGIAPPAN CRIMINAL ORIGINAL PETITION No.4017 of 2022 1 SELVARAJ [ PETITIONERS / ACCUSED ] 2 ADISESHANM Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, AUROVILLE POLICE STATION, VILLUPURAM DISTRICT.

(CR. NO. 398 OF 2021) For Petitioner : M/S. A.SARANRAJ 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 Section 379 of IPC and r/w Section 21(1) of Mines and Minerals Act, 1957, in Crime No.398 of 2021, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that when the respondent police was on regular checkup, they found that the petitioners are involved in illegal transportation of 1 1⁄2 unit (1.5 unit) of pepples in mini Lorry bearing Registration No.TN 74 AT 4993 without any valid permission. 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 offence as alleged by the prosecution and they have been falsely implicated in this case. However, on instructions, the learned counsel further submit that the petitioners, on their own volition, ready and willing to contribute a sum of Rs.10,000/-(Rupees Ten Thousand Only) 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.10,000/- 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 submit that the property which was used for the commission of offence has been recovered and the same is in the custody of the police. Hence, he opposed for grant of anticipatory bail to the petitioners.

5.The submissions made by the learned Counsel on either sides are considered.

6. In view of the fact that the property used for transporting the pepples has been recovered and further, the petitioners on their own volition are ready and willing to contribute a sum of Rs.10,000/- each for the purpose of welfare activities, this Court is inclined to grant anticipatory bail to the petitioners.

7.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court, Vanoor, Villupuram District, on condition that the petitioners 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 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.10,000/- 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;

(c) the petitioners shall report before the respondent police daily at 10.00 a.m., for a period of thirty(30) days and thereafter as and when required for 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 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; (g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 18/02/2022 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, VANOOR, VILLUPURAM DISTRICT.

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

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE DIRECTOR, CANCER INSTITUTE (WIA), ADAYAR, CHENNAI.

+1CC to M/S. A.SARANRAJ Advocate on payment of necessary charges SR.No.2578 CRL OP.4017/2022 Date :18/02/2022 CSK 24/02/2022