Mahesh v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.05.2021
CORAM
THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI Crl.OP.No.9599 of 2021 Mahesh ... Petitioner Vs.
State rep.by ... Respondent The Inspector of Police Chettipalayam Police Station Coimbatore District (Crime No.172 of 2021) Prayer: Criminal Original Petition filed under Section 438 Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest in Crime No.172 of 2021 on the file of the respondent police. For Petitioner : Mr.W.Camyles Gandhi For Respondent : Mr.A. Damodaran Government Advocate (Crl. side)
ORDER
(This 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 Section 379 of IPC in Crime No.172 of 2021, on the file of the respondent police, seeks anticipatory bail.
2. It is the case of the prosecution that the petitioner was found transporting Gravel in the Tipper Lorry bearing Registration No.TN-37-DF-6008 & TN-37-BS-5016 illegally. Hence the complaint.
3. The learned counsel appearing for the petitioner would submit that the petitioner is no way connected in this case and he is only the driver of the vehicle and he is an innocent person and has been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner.
4. The learned Government Advocate appearing for the respondent submitted that the petitioner illegally transported gravel in a tipper lorry. He further submitted that there is no previous case pending against the petitioner.
5. This Court is of the opinion that the petitioner to be directed to deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand only) as non-refundable deposit to the credit of the District Legal Service Authority, Coimbatore, without prejudice to his rights and contentions before the trial Court. 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.
6. Taking note of the facts and circumstances, 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.15,000/- (Rupees Fifteen Thousand only) as non refundable deposit to the credit of the District Legal Service Authority, Coimbatore, within a period of four weeks from the date of normal funcitioning of the Court below and on such deposit the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Madukarai 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 condition 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 deposit a sum of Rs.15,000/- (Rupees Fifteen thousand only) to the credit of the District Legal Service Authority, Coimbatore and shall produce the said receipt before the Court below.
[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 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.
-sd/- 26/05/2021 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, MADUKARAI.
2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE CHETTIPALAYAM POLICE STATION, COIMBATORE DISTRICT.
5 THE DISTRICT LEGAL SERVICES AUTHORITY, COIMBATORE DISTRICT.
6 THE SECRETARY, TAMIL NADU STATE LEGAL SERVICES AUTHORITY HIGH COURT, MADRAS.
+1 CC to M/S.W.CAMYLES GANDHI Advocate on payment of necessary charges SR.NO.6318 CRL OP.9599/2021 Date :26/05/2021 TA-17/06/2021