Kuberan @ Kubendhiran v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.05.2021

CORAM

THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI Crl.O.P.No.9676 of 2021 Kuberan @ Kubendhiran ... Petitioner Vs.

State rep. by its The Inspector of Police, Nemili Police Station, Ranipet District.

(Crime No.85 of 2021 ) ... Respondent 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.85 of 2021 on the file of the respondent police. For Petitioner : Mr.D.Dayalan For Respondent : Mr.A.Damodaran Govt. Advocate (Crl.Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 430 and 379 of I.P.C. in Crime No.85 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 one unit of river sand in Mahindra Mini Lorry illegally. Hence, a case was registered against the petitioner.

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. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner has transported one unit of river sand in Mahindra Mini Lorry. He would further submit that there is no previous case pending against the petitioner.

5. This Court is of the opinion that the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) as non refundable deposit to the credit of the Legal Services Authority, Arakkonam Taluk, 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.10,000/- (Rupees Ten Thousand only) as non refundable deposit to the credit of the Legal Services Authority, Arakkonam Taluk, within a period of four weeks from the date of normal functioning of the Court below and on such deposit the petitioner is ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate at Arakkonam, on condition that the petitioner shall execute a bond each 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 appear before the respondent police 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 petitioners in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court herself 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/- 27/05/2021 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, ARAKKONAM.

2 THE CHIEF JUDICIAL MAGISTRATE VELLORE [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, NEMILI POLICE STATION, RANIPET DISTRICT.

5 THE LEGAL SERVICES AUTHORITY, ARAKKONAM TALUK.

6 THE SECRETARY TAMIL NADU LEGAL SERVICES AUTHORITY, HIGH COURT, MADRAS CC to M/S. D.DAYALAN Advocate on payment of necessary charges CRL OP.9676/2021 Date :27/05/2021 cs 14/07/2021