Mayavel v. State Rep. By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.08.2020

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.11893 of 2020 Mayavel ... Petitioner/Accused No.1 Vs.

The State represented by, ... Respondent/Complainant The Inspector of Police, Melpatti Police Station, Vellore District.

Crime No.93/2018 Prayer : Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge the petitioner on bail in the event of his arrest in Crime No.93/2018 pending investigation on the file of the respondent. For Petitioner : Mr.E.Kannadasan For Respondent : Mr.K.Prabakar 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 294(b), 341, 353, 379, 430, 506(i) of IPC, in Crime No.93 of 2018, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 13.06.2018, at about 03.00 a.m., when the defacto complainant and his subordinates were conducting routine vehicle check up for preventing illegal transport of sand, the petitioner along with two other persons was found in possession of sand illegally. On seeing the police, they left the vehicle and ran away, thereafter, stealthily taken the vehicle. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is a driver and he has nothing to do with the offences. He would further submit that the petitioner had earlier approached

this Court and filed a petition in Crl.OP.No.15918 of 2018 and the Hon'ble Court was pleased to grant the order on 26.06.2018. However, due to miscommunication between the petitioner and his counsel, the petitioner was unable to comply with the conditions and thereby the present petition has been filed.

4.The learned Additional Public Prosecutor submitted that the petitioner along with the other accused had committed illicit sand theft. Therefore, the revenue officials seized the vehicle and the vehicle was in custody. Thereafter, the petitioner along with the other accused have stealthily taken the vehicle and later, the vehicle was seized. Hence he vehemently opposed to grant anticipatory bail to the petitioner.

5.In order to curb the illegal sand mining activities, this Court is of the opinion that the petitioner is directed to deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) as non refundable deposit to the ''Bar Council of Tamil Nadu and Puducherry (BCTNP) Advocates Relief Fund, Account No: 6873278505, Indian Bank, Madras High Court Branch with IFSC Code - 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 deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) as non-refundable deposit through RTGS/NEFT in favour of the ''Bar Council of Tamil Nadu and Puducherry (BCTNP) Advocates Relief Fund, Account No: 6873278505, Indian Bank, Madras High Court Branch with IFSC Code - 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 deposit of the above amount and on further condition that the petitioner shall execute a bond for a sum of Rs.

10,000/- (Rupees Ten thousand only) with two sureties each for the likesum 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.

Book to ensure their identity.

[c] the petitioner shall report before the respondent police on every Monday and Friday at 10.30am, until further orders. [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 18.09.2020. -sd/- 21/08/2020 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, GUDIYATHAM.

2 THE CHIEF JUDICIAL MAGISTRATE, VELLORE [FOR INFORMATION].

3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, MELPATTI POLICE STATION, VELLORE DISTRICT.

5 BAR COUNCIL OF TAMIL NADU AND PUDUCHERRY (BCTNP) ADVOCATES RELIEF FUND, ACCOUNT NO: 6873278505, INDIAN BANK, MADRAS HIGH COURT BRANCH WITH IFSC CODE - IDIB000M157 CC to M/S. E.KANNADASAN Advocate on payment of necessary charges CRL OP.11893/2020 Date :21/08/2020 MN-04/09/2020