Parthiban v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 28.07.2020 CORAM :

THE HON'BLE MR. JUSTICE A. D. JAGADISH CHANDIRA Crl.O.P.No.11200 of 2020 Parthiban

...Petitioner

Vs.

The State Represented by, The Inspector of Police, Rathanagiri Police Station, Vellore District.

(*)(Crime No. 71 of 2019) ... Respondent PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on anticipatory bail in the event of his arrest in (*)(Crime No. 71 of 2019) on the file of respondent Police.

For Petitioner : Mr. M.Jayachandran M/S S.P.ARTHI(CRL.MP.7876/2020) For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side) MR. M.MOHAMED RIYAZ, ADDITIONAL PUBLIC PROSECUTOR (CRL.MP.7876/2020)

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 and 430 of IPC, in (*)(Crime No. 71 of 2019), seeks anticipatory bail.

2. The case of the prosecution as per the defacto complainant is that the petitioner had transported 1⁄4 unit of sand through van without obtaining proper license. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and 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 considerable amount to any charitable Organization or Association. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate submitted that the petitioner was transporting 1⁄4 unit of sand through van without proper licence. He would further submit that there is no previous case. Hence, he vehemently opposed for the 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 shall deposit a sum of Rs.7,500/- (Rupees Seven Thousand Five Hundred only) as nonrefundable deposit to the "Bar Council of Tamil Nadu and Puducherry (BCTNP) Advocates Relief Fund, Account No:6873278505, Indian Bank, Madras High Court Branch with IFSC Code - IDIB000M157" without prejudice to his rights and contentions before the trial Court.

6. Merely, because the petitioner deposits 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.7,500/- (Rupees Seven Thousand Five Hundred only) as non-refundable deposit to the "Bar Council of Tamil Nadu and Puducherry (BCTNP) Advocates Relief Fund, Account No:6873278505, Indian Bank, Madras High Court Branch with IFSC Code - 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 on 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 a like sum to the satisfaction of the police officer who intends to arrest, failing which the petition for anticipatory bail shall stands 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 every Monday and Friday at 10.30 a.m., 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 is 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.

Post the matter for "reporting compliance" on 19.08.2020. -sd/- 28/07/2020 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.

(*) AMENDED AND TWO WEEKS TIME IS GRANTED TO THE PETITIONER TO SURRENDER AND EXECUTE THE SURETIES AS ORDERED BY THIS COURT, FROM THE DATE ON WHICH THE ORDER COPY MADE READY. FAILING WHICH, THE PETITION FOR BAIL SHALL STAND AUTOMATICALLY DISMISSED, AS PER ORDER OF THIS COURT DATE 15/12/2020 MADE IN CRL.MP.NO.7876/2020. TO 1 THE JUDICIAL MAGISTRATE, ARCOT, RANIPET DISTRICT 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, RATHANAGIRI POLICE STATION, VELLORE DISTRICT.

4 BAR COUNCIL OF TN & PUDUCHERRY (BCTNP) ADVOCATES RELIEF FUND, INDIAN BANK, MADRAS HIGH COURT BRANCH, A/C.NO.6873278505, IFSC CODE: IDIB000M157 CC to M/S. S.P.ARTHI Advocate on payment of necessary charges CRL OP.11200/2020 Date :28/07/2020 RVR 07/08/2020 RVR 06/01/2021