Veeramani v. State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Monday, the Twenty Third day of March Two Thousand Twenty PRESENT The Hon`ble Mr Justice T.RAJA CRIMINAL ORIGINAL PETITION No.6711 of 2020 VEERAMANI [ PETITIONER / ACCUSED ] Vs STATE REP. BY [ RESPONDENT ] THE INSPECTOR OF POLICE, VANIYAMBODI TOWN POLICE STATION, VELLORE DISTRICT.
CRIME NO. 84 OF 2020 For Petitioner : M/S. E.KANNADASAN Advocate For Respondent : MR.S.KARTHIKEYAN ADDL.PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the alleged offence under Sections 379, 430 of IPC read with Section 21 (1) of the Mines and Minerals (Development and Regulation) Act, 1957 in Cr.No.84 of 2020 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the petitioner came to take sand however, when he was about to be arrested, he ran away from the scene.
3.Learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and that he has been falsely implicated in this case. 4.Learned Additional Public Prosecutor would submit that the petitioner has not theft sand, but he came to take sand, however, when he was about to be arrested, he ran away from the scene. He would further submit that the petitioner has no previous case. 5.Considering the fact that the petitioner has no previous case pending against him, this Court is inclined to grant anticipatory bail to the petitioner.
6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before
the learned District Munsif cum Judicial Magistrate, Vaniyambodi, 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 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 and on further condition that: (a)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;
(b)the petitioner shall report before the respondent police as and when required for interrogation;
(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(d)the petitioner 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 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; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 23/03/2020 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 DISGTRICT MUNSIF CUM JUDICIAL MAGISTRATE,VANIYAMBODI 2 THE CHIEF JUDICIAL MAGISTRATE VELLORE[FOR INFORMATION]
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, VANIYAMBODI TOWN POLICE STATION, VELLORE DISTRICT.
CC to M/S. E.KANNADASAN Advocate on payment of necessary charges CRL OP.6711/2020 Date :23/03/2020 RD 28/05/2020