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Madras High CourtCRL OP/9252/2021granted

Ranjith Kumar v. Inspector Of Police

2021-05-13Honourable Mrs Justice S.Kannammal3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 13.05.2021 Coram THE HONOURABLE MRS.JUSTICE S.KANNAMMAL Crl.O.P.No.9252 of 2021 Ranjith Kumar ... Petitioner

Versus

State Rep. by The Inspector of Police, Omerabad Police Station, Tirupathur District.

... Respondent Crime No.1363 of 2021 This Criminal Original Petition is filed under Section 438 of Cr.P.C praying to enlarge the petitioners on bail in the event of arrest by the respondent Police in Crime No.1363 of 2020 on the file of the respondent Police For Petitioner :

Ms.S.P.Arthi For Respondent :

Mr.T.Shunmugarajeswaran Government Advocate (Crl.side)

O R D E R

(The case has been heard through video conference) The petitioner, who apprehends arrest for the alleged offence under Sections 379 and 430 of Indian Penal Code r/w. 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.1363 of 2021, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner is alleged to have transported quarter unit of sand illegally in an Auto. Hence, a case has been registered against him.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he was falsely implicated in this case. He therefore prays this Court to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.side) appearing for the respondent/police would submit that he has serious objection to this petition being allowed. He would further submit that in the present case, the quantity of sand involved is quarter unit and no previous case is pending against the petitioner.

5. In order to curb the illegal sand mining activities, the petitioner is directed to deposit a sum of Rs.8,000/- (Rupees Eight Thousand only) as non refundable deposit to the credit of the Dean, Rajiv Gandhi Government General Hospital, Chennai, bearing A/c.No.10273425961, State Bank of India, Park Town (Chennai), 68, Evening Bazaar Road, Chennai, IFSC:SBIN0001856, 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 of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is directed to deposit a sum of Rs.8,000/- (Rupees Eight Thousand only) as nonrefundable deposit either through RTGS/NEFT or in cash in favour of the Dean, Rajiv Gandhi Government General Hospital, Chennai, bearing A/c.No.10273425961, State Bank of India, Park Town (Chennai), 68, Evening Bazaar Road, Chennai, IFSC:SBIN0001856, and on such deposit, 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, Ambur, Tirupathur District, on condition that the petitioner shall execute a bond for a sum of Rs.

10,000/- (Rupees Ten Thousand only) with two sureties each 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 conditions 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 two weeks and thereafter as and when required for interrogation.

(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/- 13/05/2021 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, AMBUR, TIRUPATTUR 2 THE CHIEF JUDICIAL MAGISTRATE VELLORE(FOR INFORMATION) 3 INSPECTOR OF POLICE, OMERABAD POLICE STATION, THIRUPATHUR DISTRICT.

4 THE PUBLIC PROSECUTOR,HIGH COURT, MADRAS. 5 THE DEAN, RAJIV GANDHI GOVERNMENT GENERAL HOSPITAL, CHENNAI, BEARING A/C.NO.10273425961, STATE BANK OF INDIA, PARK TOWN (CHENNAI), 68, EVENING BAZAAR ROAD, CHENNAI, IFSC:SBIN0001856, CC to M/S S.P.ARTHI Advocate on payment of necessary charges CRL OP.9252/2021 Date :13/05/2021 RVR 30/06/2021