Venkatachalam v. State Of Tamil Nadu Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.06.2021

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE Crl.O.P. No.10173 of 2021 Venkatachalam ... Petitioner Vs.

State of Tamil Nadu Represented by Inspector of Police, Kariyapattinam Police Station, Nagapattinam District.

(In Crime No.173 of 2021) ... 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.173 of 2021 pending investigation on the file of the respondent police. For Petitioner : Mr.N.Palanivel 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 of IPC r/w. Section 21(1) of the Mines and Minerals (Development and Regulation) Act, in Crime No.173 of 2021, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner and other co-accused have illegally transported 4 units of sand in their vehicle on 12.04.2021. 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. He would also state in his petition that the remaining co-accused A1 and A2 have already been released on bail on 30.04.2021 by the order of learned Principal Sessions Judge, Nagapattinam.

4.The learned Government Advocate (Crl.Side) appearing for the respondent police on instructions would submit that the the petitioner and other co-accused have illegally transported 4 units of sand in their vehicle on 12.04.2021.

5. After giving due consideration to the afore mentioned factors, 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 District Munsif cum Judicial Magistrate, Vedaranyam, 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.40,000/- (Rupees Forty Thousand only) to the credit of the District Medical Officer, Nagapattinam 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 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/- 11/06/2021 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, VEDARANYAM.

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

4 THE INSPECTOR OF POLICE, KARIYAPATTINAM POLICE STATION, NAGAPATTINAM DISTRICT.

5 THE DISTRICT MEDICAL OFFICER, NAGAPATTINAM DISTRICT.

TOWARDS COVID RELIEF FUND.

CC to M/S.N.PALANIVEL Advocate on payment of necessary charges CRL OP.10173/2021 Date :11/06/2021 MK:20/07/2021