K.Siva v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.No.9023 of 2021 K.Siva .. Petitioner Vs.

Inspector of Police, Kandamangalam Police Station, Villupuram District.

(Crime No.90 of 2021) .. Respondent Prayer: Criminal Original Petition filed under Section 438 of Criminal Procedure Code praying to enlarge the petitioner on bail in the event of his arrest in Crime No.90 of 2021 pending investigation on the file of the Respondent.

For Petitioner : Ms.M.Rakhi For Respondent : Mr.L.Baskaran G.A.(Crl.Side) - - - - -

O R D E R

(The case has been heard through video conference) This is the second anticipatory bail application filed by the petitioner, who apprehends arrest at the hands of the respondent police in connection with a case registered in Crime No.90 of 2021, for the alleged offence under Sections 379, 430 I.P.C. and Section 21(1) of Mines and Minerals (Development and Regulation Act), 1957.

2. The allegation against the petitioner is that he has indulged in transportation of illegally quarried sand.

3. Earlier, this Court dismissed the anticipatory bail application filed by the petitioner on 23.04.2021, considering the fact that there were three previous cases pending against the petitioner.

4. The learned counsel appearing for the petitioner would submit that the petitioner has taken the sand from brick kilns and has not quarried the sand. She further submitted that the coaccused were arrested and released on bail, the investigation is almost over and that this is the second anticipatory bail application.

5. The learned Government Advocate (Crl.Side) strongly opposed the granting of anticipatory bail to the petitioner. He submitted that the earlier anticipatory bail application moved by the petitioner was dismissed by this Court on 23.04.2021, in Crl.O.P.No.7491 of 2021. He further submitted that the petitioner was involved in three previous cases.

6. Hear both sides.

7. Taking into consideration the facts and circumstances of the case, and the fact that the co-accused were arrested and released on bail and the investigation is almost completed, this Court is inclined to grant anticipatory bail to the petitioner, subject to the following conditions:

(a) 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 of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Villupuram, on condition that the petitioner shall execute a separate bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties, 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:

(b) The petitioner shall make a non-refundable deposit of Rs.25,000/-(Rupees twenty five thousand only) through demand draft in favour of the District Medical Officer, Villupuram District for the treatment of the COVID-19 patients, without prejudice to his defence before the trial Court and the learned Judicial Magistrate, after perusing the challan/receipt, shall accept the sureties furnished by the petitioner.

(c) 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.

(d) The petitioner shall appear before the respondent police as and when required for interrogation.

(e) The petitioner shall not tamper with evidence or witness either during investigation or trial.

(f) The petitioner shall not abscond either during investigation or trial.

(g) 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].

(h) 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.

-sd/- 14/06/2021 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, VILLUPURAM.

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

4 THE INSPECTOR OF POLICE, KANDAMANGALAM POLICE STATION, VILLUPURAM DISTRICT.

5 THE DISTRICT MEDICAL OFFICER, VILLUPURAM DISTRICT.

+1CC to M.RAKHI Advocate on payment of necessary charges SR NO.6467 CRL OP.9023/2021 Date :14/06/2021 MK:21/06/2021