Mohan v. 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.10109 of 2021 Mohan ... Petitioner Vs.

The State represented by The Inspector of Police, Kanchi Taluk Police Station, Kancheepuram District.

... Respondent Prayer: Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge the petitioner on bail in the event of arrest in the hands of the respondent in Crime No.1228 of 2021 pending investigation on the file of the respondent police.

For Petitioner : Mr.A.Saranraj For Respondent : Mr.L.Baskaran Government Advocate (Crl.Side)

O R D E R

(The case has been heard through video conference) The petitioner apprehends arrest by the respondent police for the alleged offences under Sections 379, 430 IPC r/w. Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957 and 3(1) of the Tamil Nadu Public Property (Prevent of Damage and Loss) Act, 1992 in Crime No.1228 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that on 05.06.2021, while the respondent police was conducting their routine check up, it was found that the petitioner was in possession of 25 Kg bags (4 Nos.) river sand while he was travelling in his auto rickshaw without any valid permit / license. Hence, the complaint.

3. However, it is the case of the petitioner that he is an innocent and no way involved in the offence as alleged by the prosecution.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police on instructions would submit that the petitioner is a regular offender and he has one previous case.

5. After giving due consideration to the quantity of river sand which was recovered from the petitioner and also to the fact that the petitioner has one previous case and he was carrying river sand without any valid license, this Court is inclined to grant anticipatory bail to the petitioner subject to the fulfilment of the following 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 lockdown or the commencement of Courts normal functioning whichever is earlier, before the learned Judicial Magistrate No.I, Kanchipuram, 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 to pay a sum of Rs.20,000/- (Rupees Twenty Thousand only) to the credit of the District Medical Officer, Kanchipuram, 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 Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[c] the petitioner shall report before the respondent police 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 abscond/s, a fresh FIR can be registered under Section 229A IPC.

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

4 THE INSPECTOR OF POLICE, KANCHI TALUK POLICE STATION, KANCHIPURAM DISTRICT.

5 THE DISTRICT MEDICAL OFFICER KANCHIPURAM TOWARDS COVID RELIEF FUND.

+1 CC to M/S A.SARANRAJ Advocate on payment of necessary charges SR.No.6460 CRL OP.10109/2021 Date :09/06/2021 cs 28/06/2021