K.Devaraj v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.08.2020

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.12422 of 2020

1. K.Devaraj ... Petitioners

2. D.Kasthuri Vs.

State Represented by

...Respondent

The Sub Inspector of Police, Manalmedu Police Station, Manalmedu, Nagapattinam District.

(Crime No.77/2020) Prayer: Criminal Original Petition filed under Section 438 Cr.P.C., to enlarge the petitioners on bail in the event of his arrest in Crime No.77 of 2020 on the file of the respondent police. For Petitioners: M/s.M.Ganesh For Respondent : Mr.K.Prabakar, Additional Public Prosecutor

ORDER

(This 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 353 IPC and Section 21(1) of Mines and Minerals Development and Regulation) Act, 1957 in Crime No.77 of 2020, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution as per the defacto complainant is that the petitioners had transported six units of sand through two other Tipper lorries without obtaining proper license. 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 their defence and prayed for grant of anticipatory bail.

4. The learned Government Advocate (Crl. Side) submitted that the quantity of river sand involved is six units. He would further submit that there is no previous case . However, he opposed for the grant of anticipatory bail to the petitioners.

5. 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.90,000/- (Rupees Ninety Thousand only) each, to "The Satkaarya Trust Orphanage, ICICI Bank, Kilpauk Branch SB A/c.No.027801002323, IFSC Code No.ICIC0000278" without prejudice to their rights and contentions before the trial Court.

6. Merely, because the petitioner deposits 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 petitioner with certain conditions :

[a] The petitioners are directed to pay a sum of Rs.90,000/- each either through RTGS/NEFT or in cash in favour of "The Satkaarya Trust Orphanage, ICICI Bank, Kilpauk Branch SB A/c.No.027801002323, IFSC Code No.ICIC0000278" 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 their arrest or on their appearance and on production of proof of deposit of the above amount and on further condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Ten thousand only) with two sureties each for a like sum to the satisfaction of the police officer who intends to arrest, failing which the petition for anticipatory bail shall stands 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 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 every Monday and Friday at 10.30 am until further orders. [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 petitioner in accordance with law as if the conditions have been imposed and the petitioners are 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 15.09.2020. -sd/- 17/08/2020 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 JUDICIAL MAGISTRATE NO 1, MAYILADUTHURAI, NAGAPATTINAM DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE, NAGAPATTINAM [FOR INFORMATION].

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE SUB INSPECTOR OF POLICE, MANALMEDU POLICE STATION, MANALMEDU, NAGAPATTINAM DISTRICT.

5 THE SATKAARYA TRUST ORPHANAGE, ICICI BANK, KILPAUK BRANCH, SB A/C.NO.027801002323, IFSC CODE NO.ICIC0000278 CC to M/S.M.GANESH Advocate on payment of necessary charges CRL OP.12422/2020 Date :17/08/2020 MN-04/09/2020