M.Nithya v. State Rep.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 23.04.2021 CORAM :

THE HON'BLE MR. JUSTICE V. BHARATHIDASAN Crl.O.P.No.6239 of 2021 M.Nithya ... Petitioner Vs.

The State Rep. by Inspector of Police, Nagoor Police Station Nagapattinam Dt.

(Crime No.1537 of 2020) ... Respondent PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on bail in the event of her arrest in Crime No.1537 of 2020 pending on the file of the respondent.

For Petitioner : Mr.S.Vinoth Kumar For Respondent : Mr.K.Madhan Govt. Advocate (Crl. Side)

ORDER

(The case has been heard through video conference) The petitioner apprehends arrest at the hands of respondent police for the offence punishable under Section 379 of I.P.C. and Section 21

(1) of Mines and Minerals (Development and Regulation) Act, 1957, in connection with Crime No.1537 of 2020 on the file of respondent police and this is the second petition seeking for anticipatory bail filed by the petitioner.

2. The case of the prosecution is that the petitioner said to have transported six units of savudu sand by using tipper lorry without any valid license. Hence, the complaint was registered against the petitioner.

3. Earlier, this Court had passed an order dated 09.02.2021 in Crl.O.P.No.2023 of 2021 dismissing the petition on the ground that the petitioner is having bad antecedents.

4. Today, when the matter taken up for hearing, the learned Government Advocate, on instructions, would submit that there is no bad antecedents against the petitioner and earlier, it has been wrongly stated that there is one previous case against the petitioner. It was also stated that the investigation is almost completed.

5. Taking into consideration of the fact that there is no bad antecedents against the petitioner and now, the investigation is almost completed , 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 her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate-II, Nagapattinam, 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.

6. With the above directions, this Criminal Original Petition is ordered.

-sd/- 23/04/2021 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-II, NAGAPATTINAM.

2 THE CHIEF JUDICIAL MAGISTRATE NAGAPATTINAM [FOR INFORMATION].

3 THE INSPECTOR OF POLICE, NAGOOR POLICE STATION, NAGAPATTINAM DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.S.VINOTH KUMAR Advocate on payment of necessary charges CRL OP.6239/2021 Date :23/04/2021 MN-29/06/2021