Navinraj B v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Second day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.4923 of 2022 1 NAVINRAJ B [ PETITIONERS / ACCUSED ] 2 VIJAY R Vs THE STATE REP. BY [ RESPONDENT ] THE INSPECTOR OF POLICE SHOLAVARAM POLICE STATION, TIRUVALLUR DISTRICT.
CRIME NO.4061 OF 2020 For Petitioners : M/S. M.VIGNESH 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 offence punishable under Sections 379 and 430 of IPC in Crime No.4061 of 2020, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that on 06.07.2020, the petitioners illegally transported 4 gunny bags of lake sand in two wheeler without any valid license. Hence, the complaint.
3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent person and they have not committed any such offences as alleged by the prosecution. He further submitted that they have been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioners.
4. Heard the learned counsel for the petitioners and the learned Government Advocate (Criminal Side) for the respondent police.
5. Considering the above fact, this Court is inclined to grant anticipatory bail to the petitioners.
6.Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Ponneri, on condition that each of 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 learned Magistrate concerned, failing which the anticipatory bail shall stand cancelled and on further condition that:
(a) each of the petitioners shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) before the concerned District Collector's Fund as non-refundable deposit, without prejudice to their defence before the trial court and 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. 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 petitioner 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 petitioners shall report before the Investigation Officer as and when required.
(e) the petitioners shall not tamper with evidence or witness either during investigation or trial;
(f) the petitioners 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 petitioners 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 abscond, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 02/03/2022 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, PONNERI.
2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR [FOR INFORMATION].
3 THE INSPECTOR OF POLICE SHOLAVARAM POLICE STATION, TIRUVALLUR DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE DISTRICT COLLECTOR, DISTRICT MINES AND MINERALS FOUNDATION TRUST, THIRUVALLUR.
+2 CC to M/S. M.VIGNESH Advocate on payment of necessary charges SR.NO.3202 CRL OP.4923/2022 Date :02/03/2022 JPA 04/03/2022