Velu v. State By Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.05.2020
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI 1.Velu S/o. Subramani 2.Mariappan, S/o. Balu 3.Anand @ Prakash, S/o. Subramani All are residing at Ramachandranpettai, Vridhachalam Taluk, Cuddalore.
.. Petitioners / A1 to A3 Vs.
State Represented by Inspector of Police, Vridhachalam Police Station, Cuddalore.
.. Respondent [Crime No. 696 of 2020] 1/7
Prayer: Criminal Original Petition filed for anticipatory bail under Section 438 of Criminal Procedure Code.
For Petitioners : Mr. M. Selvam For Respondent : Mr.M.Jothikumar Additional Public Prosecutor
O R D E R
The petitioners, who apprehend arrest at the hands of the respondent police for alleged offence punishable under Sections 379 and 430 of I.P.C. and Section 21(1) of Mines and Minerals (Development & Regulations) Act, 1957 in Crime No. 696 of 2020, seek anticipatory bail. 2.The case of the prosecution is that, on 29.04.2020, when the defacto complainant and his Police party, on secret information, were checking the vehicles, the petitioners on seeing the Police, leaving the three tyred Bullock Cart, ran away from the place of occurrence. On search, it was found that the petitioners were transporting half unit of river sand in Bullock Cart, illegally without permission or license. The defacto complainant and his Police party seized the vehicle with river sand and on complaint, a case has been 2/7
registered under Sections 379 and 430 of I.P.C. and Section 21(1) of Mines and Minerals (Development & Regulations) Act, 1957. 3.The learned counsel appearing for the petitioners submitted that petitioners have not committed any offence as alleged by the prosecution and the respondent Police has taken the Bullock Cart from the house of the petitioners and foisted false case against them. The petitioners are innocent, and are ready to abide by any condition that may be imposed by this Court. The learned counsel appearing for the petitioners, on instructions, further submitted that in order to show their bonafide, petitioners are ready and willing to deposit a sum of Rs.10,000/- each to the Chief Minister's Public Relief Fund and prayed for granting anticipatory bail. 4.The learned Additional Public Prosecutor appearing for the respondent Police submitted that the petitioners were transporting half unit of river sand illegally, investigation is pending and hence, opposed for granting anticipatory bail to the petitioners.
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5.Heard the learned counsel appearing for the petitioners as well as the learned Additional Public Prosecutor appearing for the respondent Police and perused the materials available on record.
6.Considering the nature of alleged offence and the submissions of the learned counsel on either side, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance within 15 days from the date of receipt of a copy of this order before the Court of the Judicial Magistrate No. I, Vridhachalam District, on condition that the petitioners 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 Judicial Magistrate No. I, Vridhachalam District, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:
(i) The petitioners and the sureties shall affix their Photographs and Left Thumb Impressions in the surety bonds and the said Magistrate may 4/7
obtain copies of their Aadhar Cards or Bank Pass Books to ensure their identities.
(ii) The petitioners shall deposit a sum of Rs.10,000/- each (Rupees Ten Thousand only) by Demand Draft in favour of the Joint Secretary & Treasurer, Chief Minister's Public Relief Fund (CMPRF), Finance Department, Government of Tamil Nadu, Secretariat, Chennai 600 009 or by Electronic Clearing System (ECS) to the Savings Bank Account No. 11720 10000 00070 of CMPRF to the Indian Overseas Bank, Secretariat Branch, Chennai 600 009 bearing IFSC Code IOBA0001172 and CMPRF PAN - AAAGC0038F, towards the fund collected for COVID-19, within a period of one week from the date of receipt of a copy of this order. (iii) The petitioners shall report before the respondent Police once in a week on every Monday at 10.30 a.m, until further orders. (iv) The petitioners shall not abscond either during investigation or trial. The petitioners shall not tamper with evidence or witness either during investigation or trial.
(v) On breach of any of the aforesaid conditions, the concerned Trial Court is entitled to take appropriate action against the petitioners in 5/7
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, reported in 2005 AIR SCW 5560 (P.K. Shaji vs. State of Kerala) and (vi) If the petitioners thereafter abscond, a fresh First Information Report shall be registered, under Section 229A of I.P.C.
7. Accordingly, this Criminal Original Petition is allowed. 28.05.2020 Index : Yes / No gsa To 1.The Inspector of Police, Vridhachalam Police Station, Cuddalore.
2.The Public Prosecutor, High Court, Madras.
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V.M.VELUMANI, J., gsa 28.05.2020 7/7