Anumanthan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.06.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Anumanthan, M/A.58, S/o. Vaithi, No.71, Marriyamman koil street, Chitthugadu Village, Vayalnallur Post, Thiruvallur District.

... Petitioner Vs.

State Rep. by The Inspector of Police, T-11, Thirunindravur Police Station, Thiruvallur District Cr. No.943 of 2019 ... Respondent Prayer : Criminal Original Petition filed under Section 438 Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest by the respondent police in Crime No.943 of 2019 on the file of the Inspector of police, T-11, Thirunindravur Police Station,T hiruvallur District. For Petitioner : Mr. N.Sudharsan For Respondent : Mr.M.Mohammed Riyaz, Additional Public Prosecutor

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 379, 430 IPC in Crime No.943 of 2019, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner is alleged to have transported ten units of river sand illegally. Hence the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he is the owner of the vehicle. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent police submitted that the quantity of river sand involved is ten units. He further submitted that there are three previous cases pending against the petitioner.

5. This Court is of the opinion that the petitioner is directed to deposit a sum of Rs.50,000/- (Rupees Fifty thousand only) as non

refundable deposit to the credit of the Cancer Institute (WIA), East Canal Bank Road, Adyar, Chennai. without prejudice to his rights and contentions before the trial Court.

6. Merely, because the petitioner deposits 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 note of the facts and circumstances, 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.50,000/- (Rupees Fifty thousand only) as non refundable deposit to the credit of the Cancer Institute (WIA), East Canal Bank Road, Adyar, Chennai. within a period of fifteen days from the date on which the order copy made ready and on such deposit the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.II, Thiruvallur, Thiruvallur District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two blood related 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.50,000/- (Rupees fifty thousand only) to the credit of the Cancer Institute (WIA), East Canal Bank Road, Adyar, Chennai and shall produce the said receipt before the Court below.

[c] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of four 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 absconds, a fresh FIR can be registered under Section 229A IPC.

24.06.2020 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order vsn To 1.The learned Judicial Magistrate No.II, Thiruvallur, Thiruvallur District, 1.The Inspector of Police, T-11, Thirunindravur Police Station, Thiruvallur District

2. The Public Prosecutor, Madras High Court, Chennai.

G.K.ILANTHIRAIYAN, J vsn 24.06.2020