Hariharan v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.06.2020

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH 1.Hariharan 2.E.Saravanan ... Petitioners Vs.

The State, rep. by The Inspector of Police, Arakkonam Taluk Police Station, Ranipet District.

[Crime No:100 of 2020] ... Respondent Prayer : Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge the petitioners on bail pending investigation in Crime No.100 of 2020 on the file of the respondent police.

For Petitioner : Mr.M.Sathish Kumar For Respondent : Mr.Mohammed Riyaz Additional Public Prosecutor

O R D E R

The petitioners/A3 & A4, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 379, 430 of IPC r/w. Section 3(1) of Tamil Nadu Public Property (Prevention of damage and Loss) Act, 1/5

1992, in Crime No.100 of 2020 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the petitioners were involved in illegally transporting two units of sand in a Tipper Lorry without any permit or valid licence and it was seized by the respondent police. 3.The learned counsel appearing for the petitioners would submit that the petitioners are the owners of the tipper lorry and that they are innocent and they did not commit any offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioners.

4.The learned Additional Public Prosecutor appearing for the respondent submitted that the driver of the vehicle A1 has already been arrested and subsequently he was enlarged on bail. The learned counsel further submitted that there are two previous cases pending against these petitioners. 5.This Court is of the opinion that the petitioners can be directed to deposit a sum of Rs.20,000/- (Rupees Twenty thousand only) as non-refundable deposit to the credit of President Tamil Nadu Advocate Clerk Association, High Court, Madras, without prejudice to their rights and contentions before the trial Court.

6.Merely, because the petitioners have deposited the said amount, it would not amount to admission of their guilt. Therefore, it is open to the trial Court to deal with the case independently.

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7.Taking into consideration the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are directed to deposit a sum of Rs.20,000/- (Rupees twenty thousand only) each as non-refunable deposit to the credit of President Tamil Nadu Advocate Clerk Association, High Court, Madras(A/c.No.484026006 IFSC Code No.IDIBOOOM157) and on such deposit, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Arakkonam, Ranipet District on condition that the petitioners shall execute a separeate 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 learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioners and the sureties 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 petitioners shall deposit a sum of Rs.20,000/- (Rupees twenty thousand only) each to the credit of the President Tamil Nadu Advocate Clerk Association, High Court, Madras.

[c] the petitioners shall report before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter, as and when required for interrogation. [d] the petitioners shall not tamper with evidence or witness either during 3/5

investigation or trial.

[e] the petitioners 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.

08.06.2020 Internet : Yes/No rka To.

1. The Principal Sessions Judge, Vellore District, Vellore.

2. The Judicial Magistrate, Arakkonam.

3. The Inspector of Police Arakkonam Taluk Police Station, Ranipet District.

4. The Public Prosecutor, High Court, Madras.

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N.ANAND VENKATESH,J rka 08.06.2020 5/5