Veeranayagan v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the First day of April Two Thousand Twenty One PRESENT The Hon`ble Mr Justice V. BHARATHIDASAN CRIMINAL ORIGINAL PETITION No.6640 of 2021 1 VEERANAYAGAN [ PETITIONER / ACCUSED ] 2 SATHISHKUMAR Vs THE STATE REP.BY [ RESPONDENT ] INSPECTOR OF POLICE, SRIMUSHNAM POLICE STATION, CUDDALORE DISTRICT.

CRIME NO. 65 OF 2021.

For Petitioner : M/S.M.SELVAM 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 petitioners are A3 and A4. Apprehending arrest at the hands of the respondent police for the alleged offence under Sections 379 and 430 of IPC r/w Section 21(1) of Mines and Minerals (Development and Regulation) Act, in Crime No.65 of 2021 on the file of the respondent police, the petitioners seek anticipatory bail.

2. The case of the prosecution is that when the defacto complainant with his subordinates were conducting routine check-up, they intercepted a tractor with tipper and on inspection they found 1 unit of river sand without any valid permit. Hence, the respondent police registered a case against the petitioners.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent and they are in no way connected with the offence. He further submitted that he has been falsely implicated as accused in this case. He further submitted that the petitioners are only helpers. Hence he prays for grant of anticipatory bail.

4. The learned Additional Public Prosecutor appearing for the respondent opposed the petition stating that the petitioners have indulged in transportation of river sand without having any valid license and hence, the respondent police had seized the tractor with the smuggled sand.

5. Considering the facts and circumstances of the case, and the fact that the petitioners are only helpers and they have no previous antecedents, this Court is inclined to grant anticipatory bail to the petitioners, subject to the following conditions : (a) 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 of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Vridhachalam, on condition that the petitioner 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: (b) 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.

(c) The petitioners shall appear before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter, as and when required for interrogation.

(d) The petitioners shall not tamper with evidence or witness either during investigation or trial.

(e) The petitioners 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 petitioners 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]. (g) If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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

-sd/- 01/04/2021 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 JUDICIAL MAGISTRATE NO.II, VRIDHACHALAM.

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

3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, SRIMUSHNAM POLICE STATION, CUDDALORE DISTRICT.

+1 CC to M/S.M.SELVAM Advocate on payment of necessary charges SR NO. 4476 CRL OP.6640/2021 Date :01/04/2021 MN-15/04/2021