Ashok Raj v. State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Twenty Fifth day of March Two Thousand Twenty One PRESENT The Hon`ble Mr Justice V.BHARATHIDASAN CRIMINAL ORIGINAL PETITION No.5936 of 2021 1 ASHOK RAJ [PETITIONERS / ACCUSED] 2 VEERAPPAN Vs STATE REP.BY [ RESPONDENT ] THE SUB-INSPECTOR OF POLICE, T.PALUR POLICE STATION, UDAYARPALAYAM TALUK, ARIYALUR DISTRICT.
CR.NO.133 OF 2021.
For Petitioners : M/S.P.PARTHIKANNAN Advocate For Respondent : MR.S.KARTHIKEYAN Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section21
(1) of Mines and Minerals ( Development & Regulation) Act, 1957 and Section 379 of Indian Penal Code, 1860 in Crime No.133 of 2021, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the petitioners have transported 2 bags of sand, without any valid licence. 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. Hence, he prayed for grant of anticipatory bail.
4.The learned Additional Public Prosecutor appearing for the respondent submitted that the the petitioners have transported 2 bags of sand, without any valid licence. He further submitted that there are no previous case pending against the petitioners.
5. Taking into consideration, the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with the following conditions.
6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the District and Sessions Judge, Ariyalur District, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only), with two sureties for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
[b] the petitioners shall report before the respondent police as and when required for interrogation.
[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioners shall not abscond either during investigation or trial.
[e] 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 petitioners 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]. [f] If the accused persons thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
8. With the above directions, this Criminal Original Petition is ordered.
-sd/- 25/03/2021 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 AND SESSIONS JUDGE, ARIYALUR DISTRICT.
2.THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
3.THE SUB-INSPECTOR OF POLICE, T.PALUR POLICE STATION, UDAYARPALAYAM TALUK, ARIYALUR DISTRICT.
CRL OP.5936/2021 Date :25/03/2021 TK/19.04.2021