Sivasankaranarayanan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Nineteenth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.11642 of 2022 1 SIVASANKARANARAYANAN [ PETITIONERS / ACCUSED ] 2 V KARUPPUSAMY Vs STATE REP. BY [ RESPONDENT ] THE INSPECTOR O2F POLICE, UDUMALPET POLICE STATION, TIRUPPUR DISTRICT CRIEM NO.125 OF 2022 For Petitioners : M/S.B.KUMARASAMY Advocate For Respondent : MR.R.KISHORE KUMAR, Govt. Advocate (Crl. Side) 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 punishable u/s 379 of IPC and 21(1) of Mines and Minerals (Development and Regulation) Act 1957 in Cr.No.125 of 2022 on the file of the respondent police, seek anticipatory bail.

2. It is the case of the prosecution that on 22.02.2022, a vehicle bearing No.TN78U8750 was overloaded with m-sand without valid documents.

3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons. He would further submit that first petitioner is the owner of the vehicle and second petitioner is the driver of the vehicle and that they had not overloaded the m-sand in the above vehicle. Hence, he prays to grant anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl.Side) appearing for the respondent submitted that earlier the petitioners have filed Anticipatory Bail Petition before this Court in Crl.O.P.No.7748 of 2022, which was dismissed as withdrawn on 05.04.2022. He would further submit that the vehicle bearing No.TN78U8750 was overloaded with msand without valid documents and therefore, the same was handed over to the respondent police. However, he vehemently opposed to grant anticipatory bail to the petitioners.

5.Taking note of the facts and circumstances, this Court is of the opinion that the petitioners may be directed to make a non refundable deposit for the improvement of the infrastructure in the Government High School, Athikadai, Thiruvarur District 613 702 and this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are directed to make a non refundable deposit of Rs.25,000/- (Rupees Twenty Five thousand only) jointly to the credit of the account stands in the name "HM GOVT HS ATHIKKADAI"

A/c No.30176750175, SBI Branch, Koradacheri IFSC:SBIN0061705, for the improvement of the infrastructure in the Government High School, Athikkadai, Thiruvarur District 613 702, and on such deposit 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 on which the order copy made ready, before the learned Judicial Magistrate No.I Udumalpet on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each 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 petitioners 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.

[b] the petitioners shall make a non refundable deposit of Rs.25,000/- (Rupees Twenty Five thousand only) jointly to the credit of the account stands in the name "HM GOVT HS ATHIKKADAI" A/c No.30176750175, SBI Branch, Koradacheri IFSC: SBIN0061705 for the improvement of the infrastructure in the Government High School, Athikkadai, Thiruvarur District 613 702.

[c] the petitioners 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 interrogation.

[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 petitioners in accordance with law as if the conditions have 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 19/05/2022 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, UDUMALPET 2 THE CHIEF JUDICIAL MAGISTRATE TIRUPPUR [FOR INFORMATION] 3 THE INSPECTOR OF POLICE UDUMALPET POLICE STATION, TIRUPPUR DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE HEAD MASTER GOVERNMENT HIGH SCHOOL ATHIKKADAI, THIRUVARUR DISTRICT-613 702 +1 CC to M/S.B.KUMARASAMY Advocate on payment of necessary charges SR.NO.7665 CRL OP.11642/2022 Date :19/05/2022 JPA 25/05/2022