Sakthivel v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:15.06.2020

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH, J. Crl.O.P.No.8708 of 2020 Sakthivel ... Petitioner Vs.

The State Rep. by The Inspector of Police Thittachery Police Station Nagapattinam District (Cr No.561 of 2020) ... Respondent Prayer:Criminal Original Petition filed under Section 438 Cr.P.C. to grant an anticipatory bail to the petitioner in the event of his arrest in Crime No.561 of 2020 pending investigation on the file of the Respondent Police Station herein.

For Petitioner : Mr.S.K.Syed Eliyas For Respondent : Mr.K.Prabhakar Additional Public Prosecutor

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 379, 430 IPC and U/s.21(1) of Mines & Minerals (Development & Regulation)Act, 1957, in Crime No.561 of 2020 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner was illegally transporting one unit of river sand in a Tractor without any permit or valid licence 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 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 petitioner was illegally transporting one unit of river sand. The learned counsel further submitted that there is no previous cases pending against the petitioner.

5.This Court is of the opinion that the petitioner can be directed to deposit a sum of Rs.10,000/- (Rupees Ten thousand only)as non-refundable deposit to the credit of President Tamil Nadu Advocate Clerk Association, High Court, Madras, without prejudice to his 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 into consideration of the facts 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 No.II, Nagapattinam, 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.10,000/- (Rupees ten thousand only) to the credit of the Tamil Nadu Advocate Clerk Association, High Court, Madras. [c] the petitioner 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 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.

-sd/- 15/06/2020 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE NO.II, NAGAPATTINAM 2 THE CHIEF JUDICIAL MAGISTRATE NAGAPATTINAM DISTRICT.[FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT,MADRAS.

4 THE INSPECTORE O POLICE, THITTACHERY POLICE STATION, NAGAPATTINAM DISTRICT.

5 THE PRESIDENT,TAMIL NADU ADVOCATE CLERK ASSOCIATION, HIGH COURT,MADRAS CC to M/S.S.K.SYED ELIYAS Advocate on payment of necessary charges CRL OP.8708/2020 Date :15/06/2020 GKS(TA):05/08/2020