Srijith v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Eleventh day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice V. SIVAGNANAM CRIMINAL ORIGINAL PETITION No.10993 of 2022 1 SRIJITH [ PETITIONERS / ACCUSED ] 2 AKBAR Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KINATHUKADAVU POLICE STATION, COIMBATORE.
CR.NO.1388 OF 2020.
For Petitioner : M/S. M.N.BALAKRISHNAN Advocate For Respondent : M/S.S.SUGENDRAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences under section 379 of IPC in Crime No.1388 of 2020, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that on 02.09.2020, while the defacto complainant along with AD mines were conducting routine checkup at Veerapagoundanur Toll Gate, the petitioners were illegally transported 6 units of Gravel in each of the Taras Tipper Lorry bearing registration No.KL-08-BT-9916 and KL-33-H-1928 without any valid permit. Thereafter, the respondent police seized the lorry along with the Gravel and registered a case against the petitioners. 3.The learned counsel appearing for the petitioners would submit that the petitioners are in no way connected with the alleged offence and they have been falsely implicated in this case. Hence, he pleads for grant of anticipatory bail to the petitioners.
4. The learned Additional Public Prosecutor would submit that there is no previous case pending against the petitioners.
5. Considering the facts and circumstances of the case and also taking note of the fact that the property has been recovered, the custodial interrogation of the petitioners is not necessary and hence, this Court is inclined to grant anticipatory bail to the petitioners.
6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Pollachi, on condition that the petitioners shall execute a separate bond for a sum of Rs.25,000/- only (Rupees Twenty Five 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 and on further condition that:
(a) the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b) the petitioners shall not tamper with evidence or witness either during investigation or trial; (c) the petitioners shall report before the respondent police as and when required for interrogation; (d) the petitioners shall not abscond either during investigation or trial;
(e) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions has been imposed and the petitioners 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]; and;
(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 11/05/2022 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, POLLACHI.
2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, KINATHUKADAVU POLICE STATION, COIMBATORE.
+1 CC to M/S. M.N.BALAKRISHNAN Advocate on payment of necessary charges SR.NO.6967 CRL OP.10993/2022 Date :11/05/2022 TA-13/05/2022