Manikandan v. State Rep By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.02.2021
CORAM:
THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.No.3226 of 2021 Manikandan ... Petitioner -VsThe State, represented by ... Respondent The Inspector of Police, Venganur Police Station, Ariyalur Taluk & District.
(Crime No.232 of 2020) Prayer: Criminal Original petition filed under Section 438 of Code of Criminal Procedure praying to enlarge the petitioner on bail in the event of his arrest concern Crime No.232 of 2020 on the file of the Inspector of Police, Venganur Police Station, Ariyalur District. For Petitioner : Mr.C.Prabakaran For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor
ORDER
(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. r/w 21 (1) of Tamil Nadu Mines and Minerals (Development and Regulation) Act, 1957, in Crime No. 232 of 2020, 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 on the date of occurrence, while the Village Administrative Officer of Sembiakudi Village was in routine vehicle checkup along with his team, they found that the petitioner said to have transported 4 bags of river sand without having valid license. On seeing the police, he has escaped from the place of occurrence. 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 he has been falsely implicated as accused in this case. Hence, he prays for grant of anticipatory bail.
4. The learned Additional Public Prosecutor appearing for the respondent submitted that the petitioner has transported 4 bags of river sand illegally without having valid license. He would submit that on seeing the police, he has escaped from the place of occurrence. He has further submitted that there is no previous case pending against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.
5. I have heard and considered the rival submissions made by the learned counsel appearing for petitioner as well as learned Additional Public Prosecutor and perused the records.
6. Taking into consideration of the facts and circumstances, and there is no previous cases pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner, subject to the following conditions:
a) 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 Principal District and Sessions Judge, Ariyalur, on condition that the petitioner shall execute a separate bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties, 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: [b] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; [c] the petitioner shall appear before the respondent police as and when required for 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 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.
7. With the above directions, this Criminal Original Petition is ordered.
-sd/- 24/02/2021 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 PRINCIPAL DISTRICT AND SESSIONS JUDGE, ARIYALUR.
2 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.
3 THE INSPECTOR OF POLICE, VENGANUR POLICE STATION, ARIYALUR TALUK & DISTRICT.
+1 CC to M/S.C.PRABAKARAN Advocate on payment of necessary charges SR NO. 2350 CRL OP.3226/2021 Date :24/02/2021 MN-12/03/2021