Pattabi @ Pattabiraman v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.06.2020
CORAM:
THE HONOURABLE MR. JUSTICE N.ANAND VENATESH Criminal Original Petition No.8330 of 2020 Pattabi @ Pattabiraman (Male/A-37 years), S/o Vajjira Gounder, No.2/49/1, Mettu Street, Sevur Village and Post, Katpadi Taluk, Vellore District.
.. Petitioner/Accused No.2 /versus/ State Rep.by Inspector of Police, Thiruvalam Police Station, Thiruvalam, Vellore District, (Crime No.234/2020) .. Respondent/Complainant Prayer: Criminal Original Petition has been filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on bail in the event of his arrest in Crime No.234 of 2020 on the file of the Inspector of Police, Thiruvalam Police Station, Thiruvalam, Vellore District, pending investigation.
For Petitioner :Mr.G.Vinodhkumar For Respondent :Mr.M.Mohammed Riyaz, Additional Public Prosecutor
O R D E R
The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 379 and 430 of IPC and 21(1) of MM (D&R) Act, 1957 in Crime No.234 of 2020 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that while conducting a prohibition raid by the respondent police, the petitioner has illegally transported 1/4 unit of sand by using a bullock cart without any permit or valid licence and it was seized by the respondent police.
3.The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he did not commit any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner. 4.The learned Additional Public Prosecutor appearing for the respondent submitted that the quantity of sand involved is 1⁄4 unit of sand. The learned counsel further submitted that there is no previous case pending against this petitioner.
5.This Court is of the opinion that the petitioner can be directed to deposit a sum of Rs.2,500/- (Rupees two thousand and five hundred 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 petitioner has deposited 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 fact and circumstances, 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 arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Katpadi, on condition that the petitioner shall execute a separate 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 petitioner 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 petitioner shall deposit a sum of Rs.2,500/-(Rupees two thousand and five hundred only) as non-refundable deposit to the credit of the Tamil Nadu Advocate Clerk Association, Madras High Court, Chennai (Indian Bank, High Court Branch, A/ 484026006, IFSC Code:IDIB000M157). (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
N.ANAND VENKATESH,J ari/rka 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.
09.06.2020 Index:yes/no Speaking order/non speaking order ari To:
1.The Judicial Magistrate, Katpadi.
2.Inspector of Police,Thiruvalam Police Station, Thiruvalam, Vellore District. 3.The Public Prosecutor, High Court, Madras.
Crl.O.P.No.8330 of 2020