Karthikeyan v. The State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 07.08.2020
CORAM
THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.12034 of 2020 Karthikeyan ... Petitioner Vs.
The Station represented by ... Respondent Station House Officer, Sethiathope Police Station, Cuddalore District.
Crime No.790 of 2020 PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on bail in the event of his arrest concerned in Crime No.790 of 2020 pending on the file of the respondent.
For Petitioner : Mr.S. Prabhu For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor
ORDER
(The case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 379 and 430 of IPC r/w 21(1) of Mines and Minerals (Development and Regulation Act) 1957 in Crime No.790 of 2020, on the file of the respondent police, seeks anticipatory bail.
2. It is the case of the prosecution that the petitioner has transported 1⁄4 unit of sand illegally by using his Vehicle without any valid licence. Hence, the complaint.
3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. On instruction, he would further submit that taking into consideration the present Covid pandemic situation the petitioner is prepared to donate/pay some considerable amount to any charitable organization or association without prejudice to his defence and prayed for grant of anticipatory bail.
4. The learned Additional Public Prosecutor appearing for the respondent submitted that the quantity of sand involved is 1⁄4 unit. He further submitted that the petitioner has involved no
previous case pending against him.
5. It is seen that the petitioner that there is no previous case pending against the petitioner and in order to curb the illegal sand mining activities and taking into consideration the voluntary submission made by the petitioner offering to donate/pay considerable amount to any charitable organization or association, this Court is of the opinion that the petitioner may be directed to donate/pay a sum of Rs.7,500/- (Rupees Seven Thousand and five hundred only) to 'The Madras High Court Advocate Clerks Welfare Association, Indian Bank High Court Branch SB A/c No.484077244 IFSC 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 pay a sum of Rs.7,500/- (seven thousand and five hundred only) either through RTGS/NEFT or in cash in favour of 'The Madras High Court Advocate Clerks Welfare Association, Indian Bank High Court Branch SB A/c No.484077244 IFSC 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 payment 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 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 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 31.08.2020. -sd/- 07/08/2020 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 COURT NO.1, CHIDAMBARAM 2 THE STATION HOUSE OFFICER, SETHIATHOPE POLICE STATION, CUDDALORE DISTRICT.
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE MADRAS HIGH COURT ADVOCATE CLERKS WELFARE ASSOCIATION, INDIAN BANK HIGH COURT BRANCH SB A/C NO.484077244 IFSC NO. IDIB000M157 CC to M/S. S.PRABHU Advocate on payment of necessary charges CRL OP.12034/2020 Date :07/08/2020 MN-27/08/2020