Kamal v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.08.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.12191 of 2020 Kamal ... Petitioner/Accused Vs.

The State represented by, The Sub-Inspector of Police, Kalasapakkam Police Station, Thiruvannamalai District.

Crime No. 2237 of 2020.

... Respondent/Complainant Prayer: Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge the petitioner on bail in the event of arrest in connection with Crime No. 2237 of 2020, pending investigation on the file of the respondent police.

For Petitioner : Mr.B.S.Manikandan For Respondent : Mr.K.Prabakar Additional Public Prosecutor

O R D E R

(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 379, 430 of IPC read with Section 21(5) of Mines & Minerals (Development and Regulation) Act, 1957 and Section 3 of TNPPDL Act, in Crime No. 2237 of 2020, on the file of the respondent police, seeks anticipatory bail.

It is the case of the prosecution that the petitioner has transported one unit of river sand illegally by using Tractor without any valid licence. Hence, the complaint.

The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. On instruction, he would further submit that taking into consideration the present Covid pandemic situation the petitioner is 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.

The learned Additional Public Prosecutor appearing for the respondent submitted that the petitioner was found in illegal possession of one unit of rectified spirit. He further submitted that there is no previous pending against the petitioner. However, he opposed to grant anticipatory bail to the petitioner. In order to curb the illegal activities and taking into consideration the voluntary submission made by the petitioner offering to donate/pay considerable amount to any charitable organization or association, this Court is of the opinion that the petitioner may be directed to donate/pay a sum of Rs.15,000/- (Rupees Fifteen Thousand only) to the Seva Chakkara Samajam, Canara Bank, Vepery Branch, A/c.No.0943101024681, IFSC Code.CNRB0000943, without prejudice to his rights and contentions before the trial Court.

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. 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 pay a sum of Rs.15,000/- (Rupees Fifteen Thousand only) either through RTGS/NEFT or in cash in favour of the Seva Chakkara Samajam, Canara Bank, Vepery Branch, A/c.No.0943101024681, IFSC Code.CNRB0000943, 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 payment of the above amount and on further condition that the petitioner shall execute a separate bond for a sum of Rs.

10,000/- (Rupees Ten thousand only) 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 petitioner shall also give a letter of undertaking before the respondent/police that the said amount has been paid in respect of particular organization. [b] the petitioner 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 petitioner 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 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.

With the above directions, this Criminal Original Petition is ordered.

For reporting compliance, post on 03.09.2020. -sd/- 13/08/2020 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 MUNSIF CUM JUDICIAL MAGISTRATE, KALASAPAKKAM, THIRUVANNAMALAI DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUB INSPECTOR OF POLICE, KALASAPAKKAM POLICE STATION, THIRUVANNAMALAI DISTRICT.

4 THE SEVA CHAKKARA SAMAJAM, CANARA BANK, VEPERY BRANCH, A/C.NO.0943101024681, IFSC CODE.CNRB0000943 +1CC to M/S.B.S.MANIKANDAN Advocate on payment of necessary charges SR.No.5920 CRL OP.12191/2020 Date :13/08/2020 cs 21/08/2020