Manikandan v. State Rep.By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.06.2020 CORAM :

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No. 8519 of 2020 Manikandan

...Petitioner/ Accused-2

..Vs..

The State, Rep. By the Sub- Inspector of police, Nagore Police Station, Nagapattinam District.

(In Crime No. 956 of 2020) ... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, seeking to enlarge the petitioner on Anticipatory bail in the event of his arrest in Crime No.956 of 2020, on the file of the Inspector of Police, Nagore Police Station, Nagapattinam District. For Petitioner : M/s.J.Jawahar For Respondent: Mr. M.Mohammed Riyaz, APP 1/6

O R D E R

The petitioner/A-2, who apprehends arrest at the hands of the respondent police for the alleged offense punishable under Sections 379 and 430 IPC and 21 (5) of Mines and Minerals (Development & Regulations) Act 1957, in Crime No.956 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 2 units of sand by using a tractor without any permit or valid license and it 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 offense as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner/A-2. 4.The learned Additional Public Prosecutor appearing for the respondent submitted that the quantity of sand involved is 2 units of sand. 2/6

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.20,000/- (Rupees Twenty thousand only) as nonrefundable deposit to the credit of The Tamil Nadu Advocate Clerk Association, High Court, Madras, without prejudice to his rights and contentions before the trial Court. 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 facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner/A2 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 MagistrateII, Nagapattinam District, 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 3/6

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/A2 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/A2 shall deposit a sum of Rs.20,000/- (Rupees Twenty thousand only) as non refundable deposit to the credit of the Tamil Nadu Advocate Clerks Association, Madras High Court, Chennai (Indian Bank, High Court Branch, A/c No.484026006, IFSC Code:IDIB000M157).

[c] the petitioner/A-2 shall report before the respondent police as and when required for interrogation.

[d] the petitioner/A-2 shall not tamper with evidence or witness either during investigation or trial.

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[e] the petitioner/A-2 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.

12.06.2020 Internet : Yes/No jrs To 1.The Judicial Magistrate-II, Nagapattinam.

2. The Sub-Inspector of Police, Nagore Police Station, Nagapattinam District. 3.The Additional Public Prosecutor, High Court, Madras.

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N.ANAND VENKATESH, J jrs Crl.O.P.No. 8519 of 2020 12.06.2020 6/6