S.Parasuraman v. State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.05.2020
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI S. Parasuraman, S/o. Srinivasan, No.110, Sasanur, Mittapalli, Uthangarai Taluk, Krishnagiri District, Pin 635 307.
.. Petitioner / Accused No.2 Vs.
State Represented by Inspector of Police, Singarapettai Police Station, Krishnagiri District.
.. Respondent / Complainant [Crime No. 582 of 2020] Prayer: Criminal Original Petition filed for anticipatory bail under Section 438 of Criminal Procedure Code.
For Petitioner : Mr. J. Pradeep For Respondent : Mr.M.Jothikumar Additional Public Prosecutor 1/7
O R D E R
The petitioner, who apprehends arrest at the hands of the respondent police for alleged offence punishable under Section 379 of I.P.C. and Sections 21(1) and 21(4) of Mines and Minerals (Development & Regulations) Act, 1957, in Crime No. 582 of 2020, seeks anticipatory bail. 2.The case of the prosecution is that, on 04.05.2020, when the defacto complainant were on patrolling duty in Mittapalli, on secret information that river sand is being illegally transported, they intercepted a Tractor bearing Registration No. TN 24 AQ 2841 with Trailer. On seeing the Police, the driver of the Tractor tried to escape from the place of occurrence, but the respondent Police caught him. On search, it was found that one unit of river sand was transported without permission or license. The petitioner is owner of the vehicles. The defacto complainant and his Police party seized the vehicles with river sand and arrested the driver and on complaint, a case has been registered under Section 379 of I.P.C. and Section 21(1) (4) of Mines and Minerals (Development & Regulations) Act, 1957. 2/7
3.The learned counsel appearing for the petitioner submitted that the petitioner is no way connected with the alleged offence and he has been falsely implicated in the case. The petitioner is a law abiding citizen and he is ready and willing to abide by any condition that may be imposed by this Court. The learned counsel appearing for the petitioner, on instructions, further submitted that in order to show his bonafide, the petitioner is ready and willing to deposit a sum of Rs.20,000/- 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 petitioner and A1 were transporting one unit of river sand illegally, investigation is pending and hence, opposed for granting anticipatory bail to the petitioner. 5.Heard the learned counsel appearing for the petitioner as well as the learned Additional Public Prosecutor appearing for the respondent Police and perused the materials available on record.
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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 petitioner, with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance within 15 days from the date of receipt of a copy of this order before the Court of the Judicial Magistrate, Uthangarai, Krishnagiri District, on condition that the petitioner 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, Uthangarai, Krishnagiri District, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:
(i) The petitioner and the sureties shall affix their Photographs and Left Thumb Impressions in the surety bonds and the said Magistrate may obtain copies of their Aadhar Cards or Bank Pass Books to ensure their identities. (ii) The petitioner shall deposits a sum of Rs.20,000/- (Rupees Twenty Thousand only) by Demand Draft in favour of the Joint Secretary & 4/7
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 petitioner shall report before the respondent Police once in a week on every Monday at 10.30 a.m, until further orders. (iv) The petitioner shall not abscond either during investigation or trial. The petitioner 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 petitioner in accordance with law, as if the conditions have been imposed and the 5/7
petitioner 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 petitioner thereafter absconds, a fresh First Information Report shall be registered, under Section 229A of I.P.C.
7. Accordingly, this Criminal Original Petition is allowed. 29.05.2020 Index : Yes / No gsa To 1.The Inspector of Police, Singarapettai Police Station, Krishnagiri District.
2.The Public Prosecutor, High Court, Madras.
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V.M.VELUMANI, J., gsa 29.05.2020 7/7