V.Vasanthraj v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.06.2020

CORAM:

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P. No. 8168 of 2020 V.Vasanthraj @ Vasanthakumar .. Petitioner/Accused Vs State Represented by The Inspector of Police, Thakkolam Police Station, Vellore.

.. Respondent/Complainant Prayer :- Criminal Original Petition filed under Section 438 Cr.P.C., to enlarge the petitioner on bail in the event of the petitioner's arrest in Crime No.164 of 2020 on the file of the respondent police. For Petitioner : Mr.V.Ramana Reddy For Respondent : Mr.K.Prabakar Additional Public Prosecutor

O R D E R

The petitioner was arrested and remanded to judicial custody on 13.05.2020 for the offence punishable under Sections 430 and 379 of IPC in Crime No.164 of 2020 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner had transported two bags of river sand by using two wheeler bearing Registration No.TN 20 AC 5778, without any valid licence. Hence, the complaint was registered.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. The learned counsel further submitted that without prejudice to his defence, the petitioner is prepared to deposit a considerable amount to any charitable organization. He would further submit that the petitioner has been suffering incarceration from 13.05.2020. Hence, he prays to grant bail to the petitioners.

4. The learned Additional Public Prosecutor submits that the petitioner had illegally transported two bags of river sand. He would further submit that there is no previous case pending as against the petitioner. However, he opposed for grant bail to the petitioner.

5. Taking into consideration the facts of the case and there is no previous case as against the petitioner and the petitioner has also come forward to deposit a considerable amount to any charitable organizations, hence, this Court is inclined to grant bail to the petitioner, subject to the following conditions : (a) the petitioner shall deposit a sum of Rs.5,000/- (Rupees five thousand only) to the Cancer Institute (WIA), (Regional Cancer Centre), Adyar, Chennai - 600 020, bearing A/c No.149710011005477, Andhra Bank, Madhya Kailash Branch, and on such deposit and also on production of proof, the petitioner is ordered to be released on bail on executing his own bond for a sum of Rs.

10,000/- (Rupees ten thousand only), before the Superintendent of the concerned prison, in which the petitioner has been confined and on his release; (b) the petitioner shall execute one surety for a sum of Rs.10,000/- (Rupees Ten thousand only), before the concerned Magistrate on or before 06.07.2020, failing which the bail granted by this Court shall stand dismissed automatically; (c) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (d) the petitioner shall report before the respondent police as and when required for interrogation.

(e) the petitioner shall not commit any offences of similar nature;

(f) the petitioner shall not abscond either during investigation or trial;

(g) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(h) on breach of any of the aforesaid conditions, the learned Judicial 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 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];

(i) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

6. 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 PRINCIPAL SESSIONS JUDGE VELLORE[DISMISSAL ORDER] 2 THE JUDICIAL MAGISTRATE, ARAKKONAM[SATISFACTION COURT] 3 THE CHIEF JUDICIAL MAGISTRATE VELLORE [FOR INFORMATION] 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE INSPECTOR OF POLICE THAKKOLAM POLICE STATION, VELLORE CC to M/S V.RAMANA REDDY Advocate on payment of necessary charges CRL OP.8168/2020 Date :05/06/2020 cs 07/07/2020