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Madras High CourtCRL OP/5029/2022granted

Ayyanar v. State By,

2022-03-03Honourable Dr Justice G. Jayachandran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Third day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.5029 of 2022 AYYANAR [ PETITIONER / ACCUSED ] Vs STATE BY, [ RESPONDENT ] THE INSPECTOR OF POLICE, VETTAVALAM POLICE STATION, THIRUVANNAMALAI DISTRICT.

CRIME NO. 401 OF 2019 For Petitioner : M/S. S.SILAMBUSELVAN Advocate For Respondent : M/S.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 apprehends arrest by the respondent police for the offences punishable under Sections 379, 430 of IPC r/w Section 21(5) of Mines & Minerals (Development & Regulation) Act, 1957, r/w Section 3(2) of TNPPDL Act, in Crime No.401 of 2019 is before this Court seeking anticipatory bail.

2. The case of the prosecution is that while the respondent police was on regular partolling, the petitioner illegally transported lake 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. Hence, he prays to grant anticipatory bail to the petitioner.

4. Heard the learned counsel for the petitioner 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 petitioner.

6. Accordingly, the petitioner is ordered to be released on anticipatory 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 learned Principal District & Sessions Judge, Thiruvannamalai, 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, failing which the anticipatory bail shall stand cancelled 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, without prejudice to his 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 petitioner. 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) 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;

(c) the petitioner shall report before the Investigation Officer 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]; and;

(g) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 03/03/2022 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 PRINCIPAL DISTRICT AND SESSIONS JUDGE, TIRUVANNAMALAI.

2 THE INSPECTOR OF POLICE, VETTAVALAM POLICE STATION, THIRUVANNAMALAI DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE DISTRICT COLLECTOR, DISTRICT MINES AND MINERALS FOUNDATION TRUST, TIRUVANNAMALAI DISTRICT.

+1 CC to M/S. S.SILAMBUSELVAN Advocate on payment of necessary charges SR.NO. 3303 CRL OP.5029/2022 Date :03/03/2022 RW 09/03/2022