Venkatachalam v. The State Represented By.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 21.08.2020 CORAM :

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.12637 of 2020 Venkatachalam, S/o. Rajendiran ... Petitioner Vs.

State rep. by The Inspector of Police, Kandili Police Station, Vellore District.

(Cr.No.121 of 2019) ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in the event of his arrest in connection with Crime No. 121 of 2019 on the file of the respondent police.

For Petitioner : Mr. D. Selvaraju 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 I.P.C., r/w 21(1) of MM (D & R) Act, 1957 in Crime No.121 of 2019 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner had illegally transported three unit of red soil through lorry without obtaining proper license. Hence, the complaint.

3. 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.

4. The learned Additional Public Prosecutor submitted that the quantity of red soil involved is three unit. He would further submit that there is no previous case. However, he opposed for the grant of

anticipatory bail to the petitioner.

5. In order to curb the illegal sand mining 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.45,000/- (Rupees Forty Five Thousand only) jointly, to Seva Chakkara Samajam Orphanage, 89/41, Sami Pillai Street, Choolai, Chennai - 112, Canara Bank, Vepery Branch, A/c.No.0943101024681, IFSC Code No.CNRB0000943, without prejudice to his 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 petitioner is directed to pay a sum of Rs.45,000/- (Rupees Forty Five Thousand only) jointly, either through RTGS/NEFT or in cash in favour of Seva Chakkara Samajam Orphanage, 89/41, Sami Pillai Street, Choolai, Chennai - 112, Canara Bank, Vepery Branch, A/c.No.0943101024681, IFSC Code No.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 their arrest or on their appearance and on production of proof of payment of the above amount and on further condition that each of 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 petitioners 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 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 every Monday and Friday at 10.30 am until further orders. [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 petitioners 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.

-sd/- 21/08/2020 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, THIRUPATHUR,VELLORE DISTRICT 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE STATE REPRESENTED BY.

THE INSPECTOR OF POLICE, KANDILI POLICE STATION, VELLORE DISTRICT.

4 THE SEVA CHAKKARA SAMAJAM ORPHANAGE, 89//41,SAMI PILLAI STREET, CHOLLAI,CHENNAI-112 , CANARABANK,VEPERY BRANCH A/c.No.0943101024681, IFSC Code No.CNRB0000943 CC to M/S.D.SELVARAJU Advocate on payment of necessary charges CRL OP.12637/2020 Date :21/08/2020 RD 11/09/2020