Prabudoss v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 07.08.2020

CORAM

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.11890 of 2020

1. Prabudoss

2. Subramaniyam ... Petitioners Vs.

State by the Inspector of Police, Bhuvanigiri Police Station, Cuddalore District.

Crime No.847 of 2020 ... Respondent PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioners on bail in the event of his arrest concerned in Crime No.847 of 2020 pending on the file of the respondent.

For Petitioners : Mr.G.Pugazhenthi For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioners, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 379 and 430 of IPC r/w 21(1) of Mines and Minerals Act 1957 in Crime No.847 of 2020, on the file of the respondent police, seek anticipatory bail.

2. It is the case of the prosecution that the petitioners have transported 1⁄2 unit of sand illegally by using his Vehicle without any valid licence. Hence, the complaint.

3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. On instruction, he would further submit that taking into consideration the present Covid pandemic situation the petitioners are prepared to donate/pay some considerable amount to any charitable organization or association without prejudice to his defence 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 1⁄2 unit. He further submitted that the petitioners have no previous case pending against them.

5. It is seen that the petitioners have no previous case pending against them and in order to curb the illegal sand mining activities and taking into consideration the voluntary submission made by the petitioners offering to donate/pay considerable amount to any charitable organization or association, this Court is of the opinion that the petitioners may be directed to donate/pay a sum of Rs.10,000/- (Rupees ten Thousand only) each to 'The Tamil Nadu Advocate Clerk Association High Court Madras, Indian Bank High Court Branch A/c No.484026006 IFSC No. IDIB000 M157' without prejudice to his rights and contentions before the trial Court.

6. Merely, because the petitioners have 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 petitioners with certain conditions.

(a) The petitioners are directed to pay a sum of Rs.10,000/-( Ten thousand only) each either through RTGS/NEFT or in cash in favour of 'The Tamil Nadu Clerk Association High Court Madras, Indian Bank High Court Branch A/c No.484026006 IFSC No. IDIB000 M157' within fifteen (15) days from the date of receipt of a copy of this order. Thereafter, the petitioners are directed to be released on bail in the event of his arrest or his appearance and on production of proof of payment of the above amount and on further condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Ten thousand only) each with two sureties each for the like sum 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 petitioners shall also give an letter of undertaking before the respondent/police that the said amount has been paid in respect of particular crime number.

[b] the petitioners 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 petitioners 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 petitioners shall not tamper with evidence or witness either during investigation or trial. [e] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 31.08.2020. -sd/- 07/08/2020 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 DISTRICT CUM JUDICIAL MAGISTRATE, PARANGIPETTAI,CUDDALORE DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE CUDDALORE DISTRICT, [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR,HIGH COURT,MADRAS.

4 THE INSPECTOR OF POLICE BHUVANAGIRI POLICE STATION CUDDALORE DISTRICT 5 THE TAMIL NADU ADVOCATE CLERK ASSOCIATION, HIGH COURT MADRAS,INDIAN BANK HIGH COURT BRANCH,SB.A/C.NO 484026006, IFSC CODE.IDIB000M157 CC to M/S.G.PUGAZHENTHI Advocate on payment of necessary charges CRL OP.11890/2020 Date :07/08/2020 GKS:24/08/2020