Sivakumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.06.2020

CORAM

THE HONOURABLE MR. JUSTICEN.ANAND VENKATESH Crl.O.P.No.8901 of 2020 1.Sivakumar ..Petitioners/Accused 2.Karthik 1 and 2 Vs.

State By its ... Respondent The Inspector of Police Dharapuram Police station, Tiruppur District Crime No. 1569/2020 Prayer:Petition filed u/s.438 Cr.P.C., seeking anticipatory bail praying to enlarge the petitioners on bail in the event of their arrest in Crime No.1569/2020.

For Petitioners : Mr.C.S.Saravanan For Respondent : Mr.Mohamed Riyaz Additional Public Prosecutor

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Section 379 IPC, in Crime No.1569 of 2020 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that while conducting a prohibition raid by the respondent police, the petitioners have illegally transported two units of sand by using a lorry, without any permit or valid licence 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 offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he pray to grant anticipatory bail to the petitioners.

4.The learned Additional Public Prosecutor appearing on behalf of the respondent police submitted that the quantity of sand involved is two units. The learned counsel further submitted that there are no previous cases pending against the petitioners.

5.This Court is of the opinion that the petitioners can be directed to deposit a sum of Rs.20,000/- (Rupees twenty thousand only) each as non-refundable deposit to the credit of the Tamil Nadu Advocate Clerks Association, High Court, Madras, without prejudice to his rights and contentions before the trial Court. Merely because the petitioner 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. 6.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Dharapuram on condition that the petitioners shall execute a separate bond for a sum of Rs.

[a] the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or Bank pass Book to ensure their identity. [b] the petitioners shall deposit a sum of Rs.20,000/- (Rupees twenty thousand only) each as nonrefundable deposit to the credit of the 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 s shall report before the respondent police as and when required for interrogation. [d] the petitioners shall not tamper with evidence or witness either during investigation or trial. [e] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 229-A IPC.

-sd/- 18/06/2020 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, DHARAPURAM.

2 THE CHIEF JUDICIAL MAGISTRATE TIRUPPUR. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, DHARAPURAM POLICE STATION, TIRUPPUR DISTRICT.

5 THE TAMIL NADU ADVOCATE CLERKS ASSOCIATION, MADRAS HIGH COURT, CHENNAI (INDIAN BANK, HIGH COURT BRANCH, A/C NO.484026006, IFSC CODE:IDIB000M157).

CC to M/S.C.S.SARAVANAN Advocate on payment of necessary charges CRL OP.8901/2020 Date :18/06/2020 TA-10/09/2020