Ramesh v. The State Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.08.2020
CORAM
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.11423 of 2020 Ramesh ... Petitioner Vs.
The State Represented by, ... Respondent The Inspector of Police, Station House Officer, Cuddalore NT Police Station, Cuddalore District.
Crime No.233 of 2019.
Prayer: Criminal Original Petition filed under Section 438 Cr.P.C., to enlarge the petitioner on bail in the event of arrest in Connection with the Crime No.233 of 2019 pending on the file of the respondent police.
For Petitioner : Mr.S.C.Vishwanth For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor
ORDER
(This case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 379 and 430 of IPC R/w Section 21(1) of Mines and Minerals Act in Crime No.233 of 2019, on the file of the respondent police, seeks anticipatory bail.
2. It is the case of the prosecution that the petitioner has transported half unit of sand illegally by using his bullock cart 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 the petitioner is prepared to deposit considerable amount to any charitable organization or association without prejudice to his contention 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 half unit. He further submitted that there is no previous case pending
against 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.10,000/- (Rupees ten Thousand only) as non refundable deposit to the "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 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.10,000/-(Rupees ten thousand only) 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 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 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 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 25.08.2020. -sd/- 03/08/2020 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-II, CUDDALORE.
2 THE CHIEF JUDICIAL MAGISTRATE, CUDDALORE [FOR INFORMATION].
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE STATION HOUSE OFFICER, CUDDALORE NT POLICE STATION, CUDDALORE DISTRICT.
5 THE CHIEF MINISTER PUBLIC RELIEF FUND, INDIAN OVERSEAS BANK, SB.A/C. NO. 117201000000070, IFSC CODE. NO.IOBA0001172 CC to M/S. S.C.VISHWANTH Advocate on payment of necessary charges CRL OP.11423/2020 Date :03/08/2020 MN-19/08/2020