Manimegalai v. The State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.06.2020
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.8583 of 2020 1.Manimegalai 2.A.Ravanan
...Petitioners/Accused Nos.2 & 3
Vs.
State rep. by The Inspector of Police, Srikazhi Police Station, Nagapattinam 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: 811 of 2020 on file of the respondent Police. For petitioner : Mr.M.Vinoth For respondent : Mr.Mohammed Riyaz, Additional Public Prosecutor
ORDER
The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offense punishable under Section U/s 379, 430 I.P.C. r/w Section 21(1) of Mines & Minerals (Development & Regulation) Act 1957, in Crime No.811 of 2020 on the file of the respondent/Police, seek anticipatory bail.
2.The case of the prosecution is that the petitioners were illegally transporting 3 units of sand in a tipper lorry without any permit or valid license and it was seized by the respondent police. 3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they 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 petitioners. He further submits that first petitioner/A.2 has already been arrested and therefore, nothing survives insofar as the first petitioner/A.2 is concerned and this Criminal Original Petition is confined only to the second petitioner/A.3.
4.The learned Additional Public Prosecutor appearing for the respondent submitted that the quantity of sand involved is 3 units. The learned counsel further submitted that there are no previous cases against the petitioners.
5.This Court is of the opinion that the second petitioner/A.3 can be directed to deposit a sum of Rs.30,000/- (Rupees Thirty Thousand only) as non-refundable deposit to the credit of the Tamil Nadu Advocate Clerk Association, High Court, Madras, without prejudice to their rights and
contentions before the trial Court. Merely, because the petitioner has 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.
6.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the 2nd petitioner with certain conditions. Accordingly, the second petitioner/A.3 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 Court, Srikazhi, Nagapattinam District, on condition that the second petitioner/A.3 shall execute a 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 second petitioner/A.3 shall deposit a sum of Rs.30,000/- (Rupees Thirty 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 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.
12.06.2020 mrm Internet: Yes/No Index: Yes/No To 1.The Inspector of Police, Srikazhi Police Station, Nagapattinam District.
2.The Judicial Magistrate Court, Srikazhi, Nagapattinam (Satisfaction Court)
3.The Additional Public Prosecutor, High Court, Madras.
N.ANAND VENKATESH., J.
mrm Crl.O.P.No.8583 of 2020 12.06.2020