Vinayagam @ Vinayaga Moorthy v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.06.2020

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.9094 of 2020 Vinayagam @ Vinayaga Moorthy ... Petitioner Vs.

The State Rep. by, The Inspector of Police, Baluchettychatram Police Station, Kancheepuram District.

(Crime No.1148/2020) ... Respondent Prayer: Criminal Original Petition filed under Section 438 Cr.P.C,, to enlarge the petitioner on bail in event of his arrest in Crime No.1148 of 2020 on the file of the Inspector of Police, Baluchettychatram Police Station, Kancheepuram District, pending trial.

For Petitioner :

Mr. K.Selvaraj For Respondent:

Mr.M.Mohamed Riyaz 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 & section 21(1) of Mines and Minerals Act r/w.3(1) of Prevention of Damage to Public Property Act in Crime No.1148 of 2020, seeks anticipatory bail.

2.The case of the prosecution is that while conducting a prohibition raid by the respondent police, the petitioner has illegally transported half unit of sand by using his Bolero car 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 this petitioner.

4.The learned Additional Public Prosecutor appearing for the respondent submitted that the quantity of sand involved is half unit of Sand. The learned counsel further submitted that there is one previous case pending against this petitioner. 5.This Court is of the opinion that the petitioner can be directed to deposit a sum of Rs.6,000/- (Rupees six thousand only) as non-refundable 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 petitioner had 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.

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.6,000/- (Rupees six thousand 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 Judicial Magistrate-I, Kancheepuram, on condition that the petitioner shall execute a bond for a sum of Rs.

[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.6,000/- (Rupees six thousand 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.

-sd/- 19/06/2020 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.I, KANCHEEEPURAM 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, BALUCHETTYCHATRAM POLICE STATION, KANCHIPURAM DISTRICT 4 THE TAMIL NADU ADVOCATE CLERK ASSOCIATION, MADRAS HIGH COURT, CHENNAI A/c No.484026006, IFSC Code:IDIB000M157).

CC to M/S.K.SELVARAJ Advocate on payment of necessary charges CRL OP.9094/2020 Date :19/06/2020 RD 07/08/2020