Babu v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Eighth day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.8212 of 2022 1 BABU [ PETITIONER / ACCUSED ] 2 RAJENTHIRAN @ RAJENDRAN Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, MAPPEDU POLICE STATION, TIRUVALLUR, CRIME NO.60/2022.

For Petitioner : M/S.S.KARTIK 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 petitioners, who apprehend arrest for the alleged offence under Sections 379, 430 of IPC read with Section 36(A) of MMDR Rules in Crime No.60 of 2022, on the file of the respondent police, seek anticipatory bail.

2.

The prosecution case is that on 23.03.2022, when the respondent police was on regular patrol, they found that the petitioners were involved in illegal transportation of 1/2 units of Graval sand by using Tractor bearing registration No. TN 21 X 7587 and with the help of JCB vehicle bearing registration No. TN 20 DA 5608 sand and it was illegally mined and transported. Hence, the respondent police seized the vehicle along with the sand. 3.

The learned counsel for the petitioner submitted that the petitioners are innocent persons and they have not committed any such offence as alleged by the prosecution. He further submitted that the petitioners have been falsely implicated in this case. Hence, he pleads for anticipatory bail.

4.

The learned Government Advocate (Crl. Side) appearing for the respondent raised objection for granting anticipatory bail to the petitioners stating that the petitioners had illegally transported 1/2 units of Graval sand and there is no previous bad antecedents against the petitioners.

5.

Considering the facts and Circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners on condition that the petitioners shall deposit a sum of Rs.20,000/- (Rupees Twenty Thousand Only) each, in the District Collector's Fund and on such deposit and production of receipt before the learned concerned Magistrate, the petitioners may be granted anticipatory bail with certain 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 seven days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court II, Tiruvallur, on condition that the petitioner shall execute separate bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only), with two sureties for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that: (a) the petitioners shall deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) each, 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 non-refundable deposit;

(b) if the petitioners failed to surrender before the concerned Magistrate within a period of 7 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (c) the petitioners 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;

(d) the petitioners shall report before the Investigation Officer daily at 10.30.a.m., until further orders; (e)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(f)the petitioners 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 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]; and; (h) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

7.

However, grant of anticipatory bail shall not stand in the way of the authorities to initiate confiscation proceedings relating to the vehicle involved in the offence.

-sd/- 08/04/2022 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.II, TIRUVALLUR 2 THE CHIEF JUDICIAL MAGISTRATE TIRUVALLUR(FOR INFORMATION) 3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS. 4 THE INSPECTOR OF POLICE, MAPPEDU POLICE STATION, TIRUVALLUR.

5 THE DISTRICT COLLECTOR, TIRUVALLUR CC to M/S.S.KARTIK Advocate on payment of necessary charges CRL OP.8212/2022 Date :08/04/2022 RVR 19/04/2022