Arif @ Arif Ali v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.07.2020
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.Nos.9823 & 9832 of 2020 Arif @ Arif Ali S/o. Ibrahim, Sadiq Basha Nagar, Melvisaram, Ranipet District.
... Petitioner in Cr.O.P.No. 9823 of 2020 Rafeek @ Rafeek Ahmed, S/o. Mahaboob Basha, Sadiq Basha Nagar, Melvisaram, Ranipet District.
... Petitioner in Cr.O.P.No. 9832 of 2020 Vs.
State Rep. By its The Inspector of Police, Arcot Town Police Station, Vellore District.
Cr. No.585of 2020 ... Respondent in both Crl.O.Ps Common Prayer: Criminal Original Petitions filed under Section 438 Cr.P.C., praying to grant Anticipatory bail on the petitioners in the event of their arrest in Crime No.585 of 2020 on the file of the respondent police.
For Petitioner in both Crl.O.Ps : Mr. G.P.Sivakumar For Respondent in both Crl.O.Ps : Mr.M.Mohamed Riyaz, Additional Public Prosecutor COMMON ORDER The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 379, 430, 332, 353, 307, 392 of IPC r/w. 21(1) MM Act, in Crime No.585 of 2020, on the file of the respondent police, seek anticipatory bail.
2. It is the case of the prosecution that the petitioners are alleged to have transported half unit of river sand illegally by using omni van without valid licence . Hence the complaint.
3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent person 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 sand involved is half unit of sand. He further submitted that there is one previous case is pending against the petitioners.
5. This Court is of the opinion that the petitioners are directed to deposit jointly a sum of Rs.10,000/- (Rupees Ten Thousand only) as non refundable deposit to the credit of the Indian Bank SBNo.484077244. Madras High Court Advocates Clerks Welfare Associations, IFSC CodeNo.IDIB000M157. R.Ayyappan (9444386043), A.Dhamodharan -President (9444345757), without prejudice to his rights and contentions before the trial Court. Merely, because the petitioners have 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.
6.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 directed to deposit jointly a sum of Rs.10,000/- (Rupees Ten Thousand only) as non refundable deposit to the credit of the Indian Bank SBNo.484077244. Madras High Court Advocates Clerks Welfare Associations, IFSC CodeNo.IDIB000M157. R.Ayyappan (9444386043), A.Dhamodharan -President (9444345757), within a period of fifteen days from the date on which the order copy made ready and on such deposit the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned District Munsif Cum Judicial Magistrate, Arcot, on condition that each of 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 jointly a sum of Rs.10,000/- (Rupees ten thousand only) to the credit of the Indian Bank SBNo.484077244. Madras High Court Advocates Clerks Welfare Associations, IFSC CodeNo.IDIB000M157. R.Ayyappan (9444386043), A.Dhamodharan -President (9444345757), and shall produce the said receipt before the Court below.
[c] the petitioners shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter 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 petitioner 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 absconds, a fresh FIR can be registered under Section 229A IPC.
-sd/- 01/07/2020 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 DISTRICT MUNSIFF CUM JUDICIAL MAGISTRATE,ARCOT 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
3 THE INSPECTOR OF POLICE, ARCOT TOWN POLICE STATION, VELLORE DISTRICT 4 Madras High Court Advocates Clerks Welfare Associations, IFSC CodeNo.IDIB000M157.
R.Ayyappan (9444386043), A.Dhamodharan -President (9444345757), CC to M/S. G.P.SIVAKUMAR Advocate on payment of necessary charges CRL OP.9823 & 9832/2020 Date :01/07/2020 RD 12/08/2020