Franchis v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 04.06.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.8086 of 2020 Franchis .. Petitioner/Accused-3 Vs.

State of Tamil Nadu, Rep. By .. Respondent / Complainant The Inspector of Police, Vaitheeswaran Kovil Police Station, Nagapattinam.

(Crime No.258 of 2020) PRAYER : Criminal Original Petition filed under Section 438 Cr.P.C., to enlarge the petitioner on anticipatory bail in the event of his arrest by the Respondent Police in connection with Crime No.258 of 2020 on the file of the Respondent Police.

For Petitioner : Mr.D.Saikumaran For Respondent : Mr.K.Prabakar, Addl. Public Prosecutor.

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 188, 269, 379, 430 of IPC and 21(1) Mines and Minerals (Development and Regulations) Act 1957, in Crime No.258 of 2020 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner had transported 1 unit of river sand by using Tractor, without any valid licence. Hence the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner did not commit any offence as alleged by the prosecution and he has been falsely implicated in this case. On instruction, he would further submit that the petitioner is prepared to deposit an amount of Rs.10,000/-(Rupees Ten Thousand Only) to the Adyar Cancer Institute (WIA), East Canal Bank Road, Adyar, Chennai. Hence, he prays for grant of anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor submitted that the quantity of sand involved is 1 unit. He further submitted that the petitioner has no previous case. 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.10,000/- (Rupees Ten Thousand Only) to the Adyar Cancer Institute (WIA), East Canal Bank Road, Adyar, Chennai, 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.

10,000/- (Rupees Ten Thousand Only) to the Adyar Cancer Institute (WIA), East Canal Bank Road, Adyar, 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 District Munisif-Cum-Judicial Magistrate, Srikali, on condition that the petitioner shall execute a bond for a sum of Rs.

10,000/- (Rupees ten thousand only) with one surety 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 learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [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 is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand Only) to the Adyar Cancer Institute (WIA), East Canal Bank Road, Adyar, Chennai, [c] the petitioner shall report before the respondent police as and when required for interrogation.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioner shall not abscond either during investigation or trial.

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

-sd/- 04/06/2020 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 DISTRICT MUNSIF-CUMJUDICIAL MAGISTRATE, SRIKALI. 2 THE CHIEF JUDICIAL MAGISTRATE NAGAPATTINAM. [FOR INFORMATION] 3 THE DISTRICT AND SESSIONS JUDGE, NAGAPATTINAM.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE INSPECTOR OF POLICE, VAITHEESWARAN KOVIL POLICE STATION, NAGAPATTINAM.

THE ADYAR CANCER INSTITUTE (WIA), EAST CANAL BANK ROAD, ADYAR, CHENNAI.

CC to MR.D.SAIKUMARAN, Advocate on payment of necessary charges CRL OP.8086/2020 Date :04/06/2020 TA-10/06/2020