Sathishkumar v. The State Rep. By

N THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 15.07.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.10565 of 2020 Sathish Kumar ... Petitioner Vs.

State rep. By

...Respondent

The Inspector of Police, Mangalampet Police Station, Cuddalore District.

Crime No.239 of 2020.

Prayer: Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge the petitioner on bail in the event of arrest in Crime No.239 of 2020 on the file of the respondent Police Station. For Petitioner : M/s.E.Sathiyaraj For Respondent : Mr.M.Mohammed Riyaz Additional Public Prosecutor

ORDER

The petitioner who apprehends arrest at the hands of the respondent police for an offence punishable under Sections 379, 430 I.P.C, r/w Section 21(1) of Mines & Minerals (Development and regulation) Act 1957 in Crime No.239 of 2020 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the respondent had conducted checkup near Manimuthu River Bed at Chinnapanoor, where the petitioner was found carrying 1⁄2 unit of sand in Tractor. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is hailing from a respectable family and he has not committed any offence as alleged by the prosecution. On instruction, he would further submit that without prejudice to his defence, the petitioner is prepared to deposit considerable amount to any charitable organization. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent submitted that the petitioner had indulged in illicit quarrying and was found transporting 1⁄2 unit sand by using Tractor.

Hence, he vehemently opposed for grant of 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.5,000/- (Rupees Five Thousand only), as non refundable deposit to 'The Chief Minister's Public Relief Fund', Indian Overseas Bank, SB.A/c. No.117201000000070, IFSC Code. No.IOBA0001172 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 either through RTGS/NEFT or in cash in favour of 'The Chief Minister's Public Relief Fund', Indian Overseas Bank, SB.A/c. No.117201000000070, IFSC Code. No.IOBA0001172 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 like sum 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 a 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 daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for the interrogation.

[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 04.08.2020. -sd/- 15/07/2020 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, NO.II, VIRUDHACHALAM, CUDDALORE DISTRICT.

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

4 THE INSPECTOR OF POLICE, MANGALAMPET POLICE STATION, CUDDALORE DISTRICT.

5 THE CHIEF MINISTERS PUBLIC RELIEF FUND, INDIAN OVERSEAS BANK, SB.A/C. NO.

117201000000070, IFSC CODE. NO.IOBA0001172 CC to M/S. E.SATHIYARAJ Advocate on payment of necessary charges CRL OP.10565/2020 Date :15/07/2020 TA-30/07/2020