T.Sakthivel v. The Station House Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.03.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.6433 of 2019 T.Sakthivel,

...Petitioner/Accused

Vs.

The State rep. by The Station House Officer, Ulundurpet Police Station, Villupuram District. ...Respondent/Complainant Prayer: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to modify the pre-condition imposed to grant anticipatory bail to deposit Rs.30,000/- as the cash security in Crl.M.P.No.1373 of 2019 vide order dated 21.02.2019. For Petitioner : Mr.J.Agni Selvaraju For Respondent : Mr.Mohamed Riyaz Additional Public Prosecutor.

O R D E R

The petitioner is arrayed as an accused in Crime No.127 of 2019 for the offence under Sections 379 of IPC r/w 21(1) of Mines and Minerals (Development and Regulation) Act by the respondent herein.

2.The petitioner has filed a petition in Crl.M.P.No.1373 of 2019, before the learned Principal Sessions Judge, Villupuram, seeking anticipatory bail and the learned judge granted anticipatory bail by an order dated 21.02.2019 on the following conditions:

"The petitioner is ordered to be released on bail in the event of arrest or surrender before the concerned Judicial Magistrate on or before 04.03.2019 on his depositing a sum of Rs.30,000/- as cash security before the lower court as well as on his executing a bond for Rs.10,000/- with two sureties for a like sum each to the satisfaction of Judicial Magistrate No.I, Ulundurpet and on https://hcservices.ecourts.gov.in/hcservices/

condition that the petitioner shall appear before the respondent Police daily at 10.00 a.m., until further orders and further tht the petitioner shall appear before the Investigating Officer for interrogation whenever required and not to tamper with the witnesses either directly or indirectly in the meanwhile."

3.Now, the petitioner has filed the present Petition seeking to modify the pre-condition imposed to grant anticipatory bail, i.e., to deposit Rs.30,000/- as the cash security. 4.The learned counsel for the petitioner submitted that the petitioner is only the owner of the vehicle. The alleged offence has been committed by his driver and when he submitted a letter requesting to release his vehicle, he has been falsely implicated in this case and seeks for modification. 5.Considering the facts and circumstances, this Court is not inclined to entertain this petition. Accordingly, this Criminal Original Petition stands dismissed.

rm Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To

1. The Judicial Magistrate NO.1, Ulundurpet.

2. The Principal Sessions Judge, Villupuram.

3.The Station House Officer, Ulundurpet Police Station, Villupuram District.

4.The Public Prosecutor, High Court, Madras.

+1cc to Mr.J.Agni Selvaraju, Advocate, SR.No.23003 Crl.O.P.No.6433 of 2019 Mr(CO) Kak(04/04/2019) https://hcservices.ecourts.gov.in/hcservices/