Arumugam v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Monday, the Twenty Eighth day of February Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.4751 of 2022 ARUMUGAM [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, THIRUNAVALUR POLICE STATION, KALLAKURICHI DISTRICT.
CRIME NO.74 OF 2022 For Petitioner : M/S.V.PARTHIBAN 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 offence punishable under Section 379 of IPC in Crime No.74 of 2022, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 13.02.2022 the petitioner herein illegally transported 1/4 unit of River sand in Bullock Cart without any valid license. Hence the complaint.
3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any such offences as alleged by the prosecution. He further submitted that he has been falsely implicated in this case.
4. Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side).
5.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of seven days from the date of receipt of a copy of this order, before the Judicial Magistrate No.II, Ulundurpet 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 learned Magistrate concerned and on further condition that:
(a) the petitioner shall deposit a sum of Rs.5,000/- (Rupees Five Thousand only) before the concerned District Collector's Fund as nonrefundable deposit. After receipt of the above said amount, the same has to be deposited by the concerned District Collector to the credit of the District Mines and Minerals Foundation Trust as non-refundable deposit;
(b) if the petitioners failed to surrender before the concerned Magistrate within a period of 7 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (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 Investigation Officer daily at 10.30 a.m., until further orders.
(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/- 28/02/2022 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, NO.II, ULUNDURPET.
2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM [FOR INFORMATION].
3 THE INSPECTOR OF POLICE, THIRUNAVALUR POLICE STATION, KALLAKURICHI DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE DISTRICT COLLECTOR, DISTRICT MINES AND MINERALS FOUNDATION TRUST, VILLUPURAM.
+1 CC to M/S.V.PARTHIBAN Advocate on payment of necessary charges SR.NO.3095 CRL OP.4751/2022 Date :28/02/2022 JPA 04/03/2022