Kiruba@Kirubananthan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Eighth day of March Two Thousand Twenty One PRESENT The Hon`ble Mr Justice V. BHARATHIDASAN CRIMINAL ORIGINAL PETITION No.4507 of 2021 KIRUBA @ KIRUBANANTHAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT / COMPLAINANT ] THE INSPECTOR OF POLICE, VANIYAMBODI TALUK POLICE STATION, VELLORE DISTRICT CRIME NO. 52 of 2021 For Petitioner : M/S.E.KANNADASAN Advocate For Respondent : M/S. S.KARTHIKEYAN, Additional Public Prosecutor 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 alleged offence punishable under Section 379, 430 of IPC r/w. Section 21(1) of Mines and Minerals (Development & Regulation) Act 1957, in Crime No.52 of 2021, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner had illegally transported 4 units of river sand by using Tipper lorry bearing Registration No.TN 21 AA 0288, without any valid permission Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. On instruction, he would further submit that the petitioner is prepared to deposit some considerable amount to any charitable organization or association without prejudice to his contention and prayed for grant of anticipatory bail.

4. The learned Additional Public Prosecutor appearing for the respondent submitted that the petitioner had illegally transported 4 units of river sand by using Tipper lorry bearing Registration No.TN

21 AA 0288, without any valid permission He would further submit that the petitioner is a owner of the vehicle. He would submit that the respondent police seized the said vehicle and 4 units of river sand. He further submitted that there is no previous case is pending as against the petitioner.

5. It is seen that there is no previous case is pending as against the petitioner and in order to curb the illegal sand mining activities, this Court is of the opinion that the petitioner is directed to deposit a sum of Rs.50,000/- (Rupees Fifty Thousand Only) as non refundable deposit to ''Sree Ramakrishna Ashram, Melapakkam Moldura, Kukmbinipet, Nemeli Panchayat, Arokkonam, State Bank of India', A/C.No.30256592047, IFSC Code. No.SBIN0000793, without prejudice to his rights and contentions before the trial Court.

6. Merely, because the petitioner has deposited the said amount, it would not amount to admission of his guilt. Therefore, it is open to the trial Court to deal with the case independently.

7. Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

(a) The petitioner is directed to deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) as non-refundable deposit either through RTGS/NEFT or in cash in favour of ' ''Sree Ramakrishna Ashram, Melapakkam Moldura, Kukmbinipet, Nemeli Panchayat, Arokkonam, State Bank of India', A/C.No.30256592047, IFSC Code. No.SBIN0000793, and on such payment and production of proof of deposit of the above amount, he shall be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the District Munsiff cum Judicial Magistrate, Vaniyambadi, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties each for the like sum to the satisfaction of the police officer who intends to arrest, failing which the petition for anticipatory bail shall stand dismissed automatically and on further condition that:

[b] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the respondent/police may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[c] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for the 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.

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

-sd/- 08/03/2021 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, VANIYAMBADI.

2 THE CHIEF JUDICIAL MAGISTRATE, VELLORE [FOR INFORMATION].

3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, VANIYAMBODI TALUK POLICE STATION, VELLORE DISTRICT.

5 SREE RAMAKRISHNA ASHRAM, MELAPAKKAM MOLDURA, KUKMBINIPET, NEMELI PANCHAYAT, AROKKONAM, STATE BANK OF INDIA, A/C.NO.30256592047 IFSC CODE NO.SBIN0000793 +1 CC to M/S.E.KANNADASAN Advocate on payment of necessary charges SR NO. 3055 CRL OP.4507/2021 Date :08/03/2021 MN-16/03/2021