Siva v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.06.2020

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.8774 of 2020 Siva ...Petitioner/Accused Vs.

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

Crime No.132 of 2020 ...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:132 of 2020 on file of the respondent Police. For petitioner : Mr.V.R.Appaswamee 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 379, 430 I.P.C. and Section 21(5) of Mines & Minerals (Development & Regulation) Act 1957, in Crime No.132 of 2020 on the file of the respondent/Police, seeks anticipatory

bail.

2.The case of the prosecution is that the petitioner has illegally transported 1⁄4 unit of sand in 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 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 is no previous case pending against this petitioner. 5.This Court is of the opinion that the petitioners can be directed to deposit a sum of Rs.2,500/- (Rupees Two Thousand Five Hundred only) as nonrefundable 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 petitioners have 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.

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 Hundreed 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 Learned Judicial Magistrate, Cheyyar, on condition that the petitioner shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 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 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).

[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.

16.06.2020 ssb/kp Internet: Yes/No N.ANAND VENKATESH., J.

ssb To

1.The learned Judicial Magistrate, Cheyyar (Satisfaction Court). 2.The Principal District and Sessions Judge, Thiruvannamalai District. (Dismissal Court)

3. The Sub Inspector of Police, Brammadesam Police Station, Tiruvannamalai District.

4.The Additional Public Prosecutor, High Court, Madras.

Crl.O.P.No.8774 of 2020 16.06.2020