Subramaniyan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.06.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.7092 of 2020 Subramaniyan ... Petitioner Vs.

State rep. by

...Respondent

The Inspector of Police Mohanur Police Station, Namakkal District.

(Crime No.457 of 2019) Prayer: Criminal Original Petition filed under Section 438 Cr.P.C. to grant anticipatory bail to the petitioner in the event of his arrest in Crime No.457 of 2019 pending on the file of the respondent police. For Petitioner : Mr.W.Camyles Gandhi For Respondent : Mr.K.Prabakar Additional Public Prosecutor

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 379 of IPC in Crime No.457 of 2020 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner along with another had transported six bags of river sand by using two wheeler without any valid licence. Hence the complaint.

3. According to the petitioner, the petitioner is in no way connected with the alleged offences and he has been falsely implicated in the case on hand and he would submit that there is no previous case against the petitioner. He would further submit that without prejudice to his contention, the petitioner is prepared to deposit a considerable amount to any charitable organisation and prayed for grant of Anticipatory Bail to the petitioner.

4.The learned Additional Public Prosecutor submitted that the quantity of sand involved is six bags. Hence, he opposed for the grant of anticipatory bail to the petitioner.

5. In view of the fact that there is no previous case against the petitioner and in order to curb the illegal sand mining activities, this Court is of the opinion that the petitioner is directed to deposit a sum of Rs.5,000/- (Rupees Five Thousand Only) as non refundable deposit by way of NEFT/RTGS to the Adyar Cancer Institute WIA No.38, Childrens Park Access Road, IIT Post, Guindy National Park, Guindy, Chennai, Tamil Nadu-600 036. PH.No.044 2220 9150 and the receipt of such payment shall be produced before the concerned Magistrate at the time of executing bail bond without prejudice to his rights and contentions before the trial Court. 6.Merely, because the petitioner deposits the said amount, it would not amount to admission of his guilt. Therefore, it is open to the trial Court to deal with the case independently. 7.

Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is directed to deposit a sum of Rs.5,000/- (Rupees Five Thousand Only) as non refundable deposit to Adyar Cancer Institute WIA No.38, Childrens Park Access Road, IIT Post, Guindy National Park, Guindy, Chennai, Tamil Nadu-600 036, PH. No.044 2220 9150 bearing A/c No.149710011005477, Andhra Bank, Madhya Kailash Branch, Chennai, and on such deposit and production of proof, 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 on which the order copy made ready, before the learned Judicial Magistrate-II, Namakkal, on condition that the petitioner shall execute a bond for a sum of Rs.

[a] the petitioner and the surety 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 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]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

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

-sd/- 05/06/2020 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 JUDICIAL MAGISTRATE, NO.II, NAMAKKAL.

2 THE CHIEF JUDICIAL MAGISTRATE NAMAKKAL. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, MOHANUR POLICE STATION, NAMAKKAL DISTRICT.

5 THE NEFT/RTGS ADYAR CANCER INSTITUTE WIA NO.38, CHILDRENS PARK ACCESS ROAD, IIT POST, GUINDY NATIONAL PARK, GUINDY, CHENNAI, TAMIL NADU-600 036.

PH.NO.044 2220 9150 BEARING A/C.NO.149710011005477, MADHIYA KAILASH BRANCH, CHENNAI.

CC to M/S. W.CAMYLES GANDHI Advocate on payment of necessary charges CRL OP.7092/2020 Date :05/06/2020 TA-13/07/2020