Ravi v. State Representend

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.07.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.10156 of 2020 Ravi .. Petitioner Vs.

State Represented by The Inspector of Police, Kannamangalam Police Station, Thiruvannamalai District.

Cr.No.65 of 2020 ..Respondent Prayer: Criminal Original Petition filed under Section 438 of Criminal Procedure Code, praying to enlarge the petitioner/Accused No.2 on bail in the event of his arrest in Cr.No.65 of 2020, on the file of the Inspector of Police, Kannamangalam Police Station, Thiruvannamalai District.

For Petitioner : Mr.G.Saravanan For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 379 & 430 of IPC, 21 (5) of Mines and Minerals (Development & Regulations Act, 1957 and Section 3 (2) of Tamil Nadu Public Property Prevention of Damage & Loss Act, 1992 Crime No.65 of 2020, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner had illegally transported one unit of sand in a Tractor, without any permit or valid licence and it was seized by the respondent police.

3. The learned counsel 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. On instruction, he would further submit that without prejudice to his defence, the petitioner is prepared to deposit some considerable amount to any charitable organization. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the quantity of sand involved in this case one unit. Hence he vehemently opposed to grant anticipatory bail to the petitioner.

5. In order to curb the illegal sand mining activities, 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 "Manonmani Trust" Account No. 047501000028847 of Indian Overseas Bank, Tower Branch, AC 56, 5th Avenue, Anna Nagar, Chennai - 600 040 with IFSC Code - IOBA0000475 without prejudice to his rights and contentions before the trial Court. 6.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. 7.Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

(a) The petitioner is directed to deposit a sum of Rs.10,000/- as non-refundable deposit through RTGS/NEFT in favour of the "Manonmani Trust" Account No. 047501000028847 of Indian Overseas Bank, Tower Branch, AC 56, 5th Avenue, Anna Nagar, Chennai - 600 040 with IFSC Code - IOBA0000475 within fifteen (15) days from the date of receipt of a copy of this order. Thereafter, the petitioner is directed to be released on bail in the event of his arrest or his appearance and on production of proof of deposit of the above amount and on further condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Ten thousand only) with two sureties each for the likesum to the satisfaction of the police officer who intends to arrest, failing which the petition for anticipatory bail shall stand dismissed automatically and on further condition that the petitioner shall also give an letter of undertaking before the respondent/police that the said amount has been paid in respect of particular crime number.

[b] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the respondent/police may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[c] the petitioner shall report before the respondent police on every Monday and Friday at 10.30am, 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.

8. With the above directions, this Criminal Original Petition is ordered.

9. For reporting compliance, post on 29.07.2020. -sd/- 07/07/2020 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 JUDICIAL MAGISTRATE, ARNI, THIRUVANNAMALAI DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, KANNAMANGALAM POLICE STATION, TIRUVANNAMALAI DISTRICT 4 THE SECRETARY, "MANONMANI TRUST"

A/C NO. 047501000028847, INDIAN OVERSEAS BANK, TOWER BRANCH, AC 56, 5TH AVENUE, ANNA NAGAR, CHENNAI - 600 040, IFSC CODE - IOBA0000475 CC to M/S. G.SARAVANAN Advocate on payment of necessary charges CRL OP.10156/2020 Date :07/07/2020 RVR 24/07/2020