A.Sakthivel v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Tuesday, the Fifth day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.7780 of 2022 A.SAKTHIVEL [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE THIRUKANNAPURAM POLICE STATION, NAGAPATTINAM DISTRICT (CRIME NO.71 OF 2022) For Petitioner : M/S M.REBECCA 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 petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 379 & 430 of IPC R/W Section 21(1) of Mines & Minerals (Development & Regulation) Act 1957 in Crime No.71 of 2022, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 09.03.2022, the defacto complainant lodged a complaint alleging that the petitioner along with other accused had illegally transported 1/4 unit of sand from the river Porakudi Thirumalai Rajan. Based on the said complaint, the respondent police had registered the First Information Report in Crime No. 71 of 2022 and the vehicles used for the alleged offence has been seized.
3. The learned counsel for the petitioner submitted that the petitioner is the driver of the Hitachi Vehicle which has been seized. The petitioner is working under a contractor, he had only followed the instructions given by his Contractor and hence, he pleads for anticipatory bail.
4. Considering the facts and Circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner on condition that the petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand Only) in the District Collector's Fund and on such deposit and production of receipt before the learned concerned Magistrate, the petitioner 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.
5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.2, Nagapattinam District on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that: (a) the petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) before the concerned District Collector's Fund as non-refundable 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 nonrefundable deposit.
(d) the petitioner shall report before the Investigating Officer as and when required for an interrogation;
(e) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(f) the petitioner 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 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;
(h) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 05/04/2022 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.2, NAGAPATTINAM 2 THE CHIEF JUDICIAL MAGISTRATE NAGAPATTINAM [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, THIRUKANNAPURAM POLICE STATION, NAGAPATTINAM DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE DISTRICT COLLECTOR, NAGAPATTINAM.
+1 CC to M/S M.REBECCA Advocate on payment of necessary charges SR.NO.5191 CRL OP.7780/2022 Date :05/04/2022 JPA 12/04/2022