Kollapuri v. State By

SIN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07.07.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.10162 of 2020 Kollapuri .. Petitioner Vs.

State by The Sub Inspector of Police, Arcot Taluk Police Station, Arcot, Ranipet District.

Cr.No.311 of 2020 ..Respondent Prayer: Criminal Original Petition filed under Section 438 of Criminal Procedure Code, praying to enlarge the petitioner on bail in the event of arrest in Cr.No.311 of 2020, on the file of the respondent police.

For Petitioner : Mr.S.P.Arthi 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 in Crime No.311 of 2020, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner had illegally transported 1⁄4 unit of sand in a Bullock Cart, 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 her 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 1⁄4 unit and there is no previous case pending against the petitioner.

5. It is seen that there is no previous case against the petitioner and 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.5,000/- (Rupees Five Thousand only) as non refundable deposit to the Indian Bank High Court branch SB.A/c. No.484077244. Madras High Court Advocates Clerks Welfare Association, IFSC Code. No.IDIB000M157 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.5,000/- as non-refundable deposit through RTGS/NEFT in favour of the Madras High Court Advocates Clerks Welfare Association, Indian Bank High Court branch SB.A/c. No.484077244., IFSC Code. No.IDIB000M157 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, ARCOT, RANIPET DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUB INSPECTOR OF POLICE, ARCOT TALUK POLICE STATION, ARCOT, RANIPET DISTRICT.

4 THE SECRETARY, THE MADRAS HIGH COURT ADVOCATES CLERKS WELFARE ASSOCIATION, INDIAN BANK HIGH COURT BRANCH SB.A/C.NO.48407724., IFSC CODE NO.

IDIB 000M157 CC to M/S. S.P.ARTHI Advocate on payment of necessary charges CRL OP.10162/2020 Date :07/07/2020 RVR 23/07/2020