Veeramani v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Sixteenth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.10096 of 2022 VEERAMANI [ PETITIONER/ACCUSED ] Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE VELANKANNI POLICE STATION, NAGPATTINAM DISTRICT.

CRIME NO.494 OF 2018.

For Petitioner : M/S.G.PUGAZHENTHI, Advocate For Respondent : MR.R.KISHORE KUMAR, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 379, 430 I.P.C. r/w Sec. 21(1) of Mines and Minerals (Development and Regulations) Act, 1957 in Crime No.494 of 2018 on the file of respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner is alleged to have transported river sand illegally without having valid permission. In the said circumstances, a criminal case was registered against the petitioner.

3. The learned counsel for the petitioner would submit that this is the second petition praying for anticipatory bail and co-accused was arrested and released on bail. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that history sheet was opened against the petitioner long back and now he has been charged with for an offence under Sec.379, 430 I.P.C. r/w Sec.21 (1) of Mines and Minerals (Development and Regulation) Act, 1957 and the investigation is almost completed. However, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the above fact and circumstances of the case and also the fact that the co-accused was already released on bail and the investigation was almost completed and considering the change of circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.

Accordingly, 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 No.1, Nagapattinam District, on condition that the petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of High Court Legal Services Committee, Chennai and the petitioner shall also execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each, in which, one surety shall be blood relative of the petitioner, 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 report before the respondent police daily at 10.30 a.m. for a period of three weeks. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond either during investigation or trial.

[e] 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 16/06/2022 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.1, NAGAPATTINAM.

2 THE CHIEF JUDICIAL MAGISTRATE NAGAPATTINAM. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE VELANKANNI POLICE STATION, NAGPATTINAM DISTRICT.

5 THE SECRETARY, TAMIL NADU LEGAL SERVICES COMMITTEE HIGH COURT, MADRAS.

+1 CC to M/S.G.PUGAZHENTHI, Advocate on payment of necessary charges SR.NO.9285 CRL OP.10096/2022 Date :16/06/2022 TA-22/06/2022