P.Kumar v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twenty Second day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.6511 of 2022 1 P.KUMAR [ PETITIONERS / ACCUSED ] 2 S.GOVARDHANAN Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, TIRUPATTUR TALUK POLICE STATION, TIRUPATTUR DISTRICT CRIME NO.82 OF 2022 For Petitioners : M/S.D.JAGADEESAN 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 alleged offences punishable under Sections 379 & 430 of IPC and 21(1) of the Mines & Minerals (Development & Regulation) Act, 1957 in Crime No.82 of 2022, on the file of the respondent police, seek anticipatory bail.

2. The petitioners herein are owner and the driver of the tipper lorry in which two units of Morambu sand was illegally transported intercepted by the respondent Police. These petitioners fled from the scene of occurrence abandoning the vehicle and the sand.

3. Taking note of the fact that there was no previous case against the petitioners herein in similar nature, this Court is inclined to grant anticipatory bail to the petitioners on condition that the petitioners shall deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand Only) each, in total Rs.30,000/- (Rupees Thirty Thousand only) in the District Collector's Fund and on such deposit

and production of receipt before the learned concerned Magistrate, the petitioners may be granted anticipatory bail with certain conditions. Grant of anticipatory bail shall not stand in the way to the authorities of mere confiscation proceeding of the vehicle using for illicit transport of minerals.

4. Accordingly, the petitioners are ordered to be released on 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 II Court, Tirupattur, Tirupattur District on condition that the petitioners shall execute a separate bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) each, with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that:

(a) the petitioners shall deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand only) each, in total Rs.30,000/-(Rupees Thirty 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 petitioners 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 Investigating Officer as and when required for an interrogation;

(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 absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 22/03/2022 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, TIRUPATTUR, TIRUPATTUR DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE VELLORE [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, TIRUPATTUR TALUK POLICE STATION, TIRUPATTUR DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE DISTRICT COLLECTOR, VELLORE DISTRICT +1 CC to M/S.D.JAGADEESAN Advocate on payment of necessary charges SR.NO.4298 CRL OP.6511/2022 Date :22/03/2022 JPA 29/03/2022