Delli Babu @ Dilli Babu v. State Rep 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.12767 of 2020

1. Delli Babu @ Dilli Babu

2. Iyappan @ Poovaresan ... Petitioners Vs.

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

(Crime No.1413 of 2020) ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioners on bail in the event of their arrest in connection with Crime No. 1413 of 2020 on the file of the respondent police.

For Petitioner : Mr. M.Sathish Kumar For Respondent : Mr.K. Prabakar Additional Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 379 of I.P.C., and Section 21(1) of MM (D & R) Act, 1957 in Crime No.1413 of 2020 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioners had illegally transported one unit of river sand through three bullock carts 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 his defence and prayed for grant of anticipatory bail.

4. The learned Additional Public Prosecutor submitted that the quantity of river sand involved is one unit. He would further submit that the first petitioner has one previous case and the second petitioner has 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 first petitioner is directed to pay/donate a sum of Rs.30,000/- [Rupees Thirty Thousand only] and the second petitioner is directed to pay/donate a sum of Rs.15,000/- [Rupees Fifteen Thousand only], 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 petitioners deposit 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 petitioners with certain conditions :

[a] The petitioners are directed to pay a sum of Rs.7,500/- (Rupees Seven Thousand Five Hundred only) each, 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 petitioners are 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 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 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 PUBLIC PROSECUTOR HIGH COURT, MADRAS.

2 THE INSPECTOR OF POLICE, THIRUVALAM POLICE STATION, VELLORE DISTRICT.

3 THE SEVA CHAKKARA SAMAJAM ORPHANAGE, 89/41, SAMI PILLAI STREET, CHOOLAI, CHENNAI - 112, CANARA BANK, VEPERY BRANCH, A/C.NO.0943101024681, IFSC CODE NO.CNRB0000943 CC to M/S. M.SATHISH KUMAR Advocate on payment of necessary charges CRL OP.12767/2020 Date :21/08/2020 MK:09/09/2020