Madhan v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.06.2020

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH 1.Madhan S/o.Arumugam 2.Senthil S/o.Govindaraj 3.Praba S/o.Selvam 4.Balu S/o.Appasamy 5.Deva @ Devaraj S/o.Ganesan

...Petitioners

-VsThe State Rep. By The Inspector of Police, Thirukalukundram Police Station, Thirukalukundram.

(Cr No: 529 /2020) ... Respondent Prayer: Criminal Original petition filed under Section 438 of Code of Criminal Procedure, to enlarge the petitioners on bail in the event of their

arrest pending investigation in Crime No.529 of 2020 on the file of the respondent police.

For Petitioners : Mr.L.Ramu For respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 379 and 430 of I.P.C. and 21(1) of Mines and Minerals Act in Crime No.529 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 1/2 unit of river sand by using a tractor 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 persons and they did not commit any offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioners.

4.The learned Additional Public Prosecutor appearing for the respondent submitted that the quantity of river sand involved is 1/2 unit of sand. The learned counsel further submitted that there is no previous

case pending against the petitioners.

5.This Court is of the opinion that the petitioners can be directed to deposit a sum of Rs.5,000/- (Rupees Five thousand only) jointly 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 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.Taking note of the facts and circumstances, 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, Arni, Tiruvannamalai District, 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 Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioners shall deposit a sum of Rs.5,000/- (Rupees Five thousand only) each 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 petitioners 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 229A IPC.

8. Accordingly, this Criminal Original Petition is ordered. 19.06.2020 Index: Yes/No Internet: Yes/No Speaking order/Non Speaking order rri To.

1. The learned District Munsif-cum- Judicial Magistrate, Thirukezhukundram.

2.The Inspector of Police, Thirukalukundram Police Station, Thirukalukundram.

(Cr No: 529 /2020)

3. The Public Prosecutor, High Court, Madras.

N.ANAND VENKATESH., J.

rri 19.06.2020

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.07.2020

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P. No.8980 of 2020 1.Madhan S/o.Arumugam 2.Senthil S/o.Govindaraj 3.Praba S/o.Selvam 4.Balu S/o.Appasamy 5.Deva @ Devaraj S/o.Ganesan

...Petitioners

-VsThe State Rep. By The Inspector of Police, Thirukalukundram Police Station, Thirukalukundram.

(Cr No: 529 /2020) ... Respondent

Prayer: Criminal Original petition filed under Section 438 of Code of Criminal Procedure, to enlarge the petitioners on bail in the event of their arrest pending investigation in Crime No.529 of 2020 on the file of the respondent police.

For Petitioners : Mr.L.Ramu For respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This matter has been listed today under the caption 'For Being Mentioned' In the order dated 19.06.2020, the satisfaction Court has been wrongly mentioned as Judicial Magistrate, Arani instead of Judicial Magistrate, Tirukazhukundram. This correction shall be carried out and the fresh order copy shall be furnished to the learned counsel appearing on behalf of the petitioner. Time granted to the petitioner to surrender is extended for a further period of fifteen days from today. 10.07.2020 Index : Yes/No Internet : Yes/No arr

To.

1. The learned District Munsif-cum- Judicial Magistrate, Thirukezhukundram.

2.The Inspector of Police, Thirukalukundram Police Station, Thirukalukundram.

(Cr No: 529 /2020)

3. The Public Prosecutor, High Court, Madras.

N. ANAND VENKATESH, J.

arr 10.07.2020