Vijay v. The State Rep.By

1 Crl.OP.No.8423 of 2020

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.06.2020

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.8423 of 2020 Vijay

...Petitioner/Accused

Vs.

The State Rep. By Sub Inspector of Police, Polur Police Station, Polur, Tiruvannamalai District.

...Respondent/Complainant

Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., praying to enlarge the petitioner on Anticipatory bail in the event of his arrest in Crime No: 983 of 2020 on file of the respondent Police. For petitioner : Mr.B.Jawahar For respondent : Mr.Mohammed Riyaz, Additional Public Prosecutor

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section U/s 379, 430 I.P.C. r/w Section 21(5) of Mines & Minerals (Development & Regulation) Act 1957, Section 3 of TN Public Property (Prevention of Damage & Loss) Act, 1992, in Crime No.983 of 2020 on the file of the respondent/Police, seeks anticipatory bail.

2 Crl.OP.No.8423 of 2020 2.The case of the prosecution is that the petitioner has illegally transported 1⁄4 unit of sand in a van without any permit or valid license which was seized by the respondent police.

3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he did not commit any offence as alleged by the prosecution and he had 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. The learned counsel further submitted that there are no previous cases 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 Five Hundred only) as non-refundable deposit to the credit of Tamil Nadu Advocate Clerk Association, Madras High Court, Chennai (Indian Bank, High Court Branch, A/c No.484026006, IFSC Code:IDIB000M157), 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

3 Crl.OP.No.8423 of 2020 trial Court to deal with the case independently. 7.Considering the facts and circumstances of the case, 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.2,500/- (Rupees Two Thousand 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/c No.484026006, IFSC Code:IDIB000M157) and on such deposit, 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, Polur, on condition that the petitioner shall execute a separate bond for a sum of Rs.

[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 Five Hundred Only) as non refundable deposit to the credit of the Tamil Nadu Advocate Clerk Association, Madras High Court,

4 Crl.OP.No.8423 of 2020 Chennai (Indian Bank, High Court Branch, A/c No.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 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.

10.06.2020 mrm Internet: Yes/No Index: Yes/No To 1.The learned Judicial Magistrate, Polur. (Satisfaction Court) 2.The Sub Inspector of Police, Polur Police Station, Polur, Tiruvannamalai District.

3. The Additional Public Prosecutor, High Court Madras.

5 Crl.OP.No.8423 of 2020 N.ANAND VENKATESH., J.

mrm Crl.O.P.No.8423 of 2020 10.06.2020