B.Ranjith @ Ranjithkumar v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.06.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 9470 of 2020 B.Ranjith (alias) Ranjithkumar ... Petitioner/Accused 1 Vs.

The State represented by The Inspector of Police, Pullarambakkam Police Station, Thiruvallur District.

(Crime No.559 of 2020) ... Respondent/Complainant PRAYER: Criminal Original Petition is filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioner on Anticipatory Bail in the event of petitioner's arrest by the respondent/complainant in pending investigation in Crime No. 559 of 2020.

For Petitioner :

Mr.A.Arun Kumar For Respondent :

Mr.M.Mohamed Riyaz, Additional Public Prosecutor

O R D E R

The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 188, 271, 294(b), 307, 323, 353, 379, 430 of IPC read with Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 and Section 41 of the Disaster Management Act, in Crime No.79 of 2020, seeks anticipatory bail.

It is the case of the prosecution that on 20.05.2020 around 06.30 a.m., the defacto complainant, who is a Police Constable working under the respondent/complainant has received an anonymous tip about sand theft at Punnambakkam Lake. On reaching the spot the defacto complainant has found that the petitioner and other coaccused were transporting the sand without due authority by using six Bullock Karts. When the defacto complainant tries to stop the petitioner and co-accused, they have threatened defacto complainant with unparliamentary words and assaulted the defacto complainant. Hence the complainant.

The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner.

The learned Additional Public Prosecutor appearing for the respondent submitted that the petitioner has involved in illicit quarrying of sand and he has assaulted the defacto complainant. He

further submitted that there are three previous cases against the petitioner. Hence, he strongly opposed to grant anticipatory bail to the petitioner.

Heard both sides and perused the materials placed on record. This Court is of the opinion that the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) as non refundable deposit to the credit of the Chief Justice Relief Fund, Madars High Court, Chennai, without prejudice to his rights and contentions before the trial Court. Merely, because the petitioner has 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.

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.10,000/- (Rupees Ten Thousand only) as non refundable deposit to the credit of the Chief Justice Relief Fund, Madars High Court, 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-I, Thiruvalllur, 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.10,000/- (Rupees ten thousand only) to the credit of the Chief Justice Relief Fund, Madars High Court, 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., until further orders.

[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.

-sd/- 26/06/2020 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.II, THIRUVALLUR 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, PULLARAMBAKKAM POLICE STATION, THIRUVALLUR DISTRICT.

4 THE SECTION OFFICER ACCOUNTS SECTION CHIEF JUSTICE RELIEF FUND, MADRAS HIGH COURT, CHENNAI CC to M/S. A.ARUN KUMAR Advocate on payment of necessary charges CRL OP.9470/2020 Date :26/06/2020 rd 21/07/2020