Muruganatham v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.06.2021

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE Crl.O.P.No.10065 of 2021 Muruganantham ... Petitioner Vs.

State Represented by, Inspector of Police, Maruthur Police Station, Cuddalore District.

(In Crime No.43 of 2021) ... Respondent Prayer: Criminal Original Petition filed under Section 438 Cr.P.C., praying to grant anticipatory bail to the petitioner in the event of arrest in connection with Crime No.43 of 2021 pending on the file of the respondent police. For Petitioner : Mr.A.Nishwer Jeelani For Respondent : Mr.C.Baskaran, Government Advocate (Crl.Side)

O R D E R

(The case has been heard through video conference) The petitioner apprehends arrest at the hands of the respondent police for the offences punishable under Sections 379 and 430 of IPC in Crime No.43 of 2021, and seeks anticipatory bail.

2. The case of the prosecution is that during a routine vehicle check up, the petitioner was found in possession of three bags of river sand while he was a pillion rider in a motor cycle on 20.05.2021 without any licence.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he is no way connected with the commission of the alleged offences. He would further submit that the petitioner is not having any criminal antecedents.

4. The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner was found in possession of three bags of river sand while he was a pillion rider in a motor cycle, without any licence. Hence, he opposed the grant of anticipatory bail to the petitioner. 5.After giving due consideration to the contents of the FIR and in view of the fact that the quantity of the river sand recovered from the petitioner is only three bags which is too minimal and in view of the fact that the petitioner is not involved in any previous case, this Court is inclined to grant anticipatory bail to the petitioner subject to the fulfilment of certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of lifting of lock down or commencement of Courts normal functioning whichever is earlier before the learned Judicial Magistrate-I, Chidambaram, 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 conditions that:

[a] the petitioner shall deposit a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of the District Medical Officer, Cuddalore District, towards Covid Relief Fund within a fortnight from the date of receipt of a copy of this order either by way of Demand Draft (DD) or by Fund Transfer; [b] the petitioner and the sureties shall affix their photographs and left thumb impressions in the surety bonds and the learned Magistrate may direct production of their Aadhar cards or Bank pass Books to ensure/verify their identities; [c] the petitioner shall report before the respondent police as and when required for interrogation; [d] the petitioner shall not tamper with evidence or witnesses either during investigation or trial; [e] the petitioner shall not abscond either during investigation or trial;

[f] if there is 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 per P.K.Shaji principle being law laid down by Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and [g] though obvious, it is made clear that if the accused/petitioner herein thereafter absconds, consequences ingrained in Section 229-A IPC will follow wherever applicable. -sd/- 09/06/2021 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 NO.I, CHIDAMBARAM.

2 THE CHIEF JUDICIAL MAGISTRATE CUDDALORE [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, MARUTHUR POLICE STATION, CUDDALORE DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE DISTRICT MEDICAL OFFICER, CUDDALORE DISTRICT, TOWARDS COVID RELIEF FUND.

CC to M/S.A.NISHWER JEELANI Advocate on payment of necessary charges CRL OP.10065/2021 Date :09/06/2021 MK:12/07/2021