M.Jayaprakash v. State Rep By Its

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.12813 of 2020 M.Jayaprakash ... Petitioner Vs.

State rep. by The Inspector of Police, Sendamangalam Police Station, Namakkal District (Crime No.711 of 2020 ... Respondent PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on Anticipatory bail in the event of his arrest in connection with Crime No. 711 of 2020 on the file of the respondent police. For Petitioner : Mr.W.Camyles Gandhi 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 of I.P.C., in Crime No.711 of 2020 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner had illegally stored 56 bags of black sand in his locked house constructed under group housing scheme. Hence, the defacto complainant lodged a complaint against the petitioner.

3. The learned counsel appearing for the petitioners would submit that the petitioner is an 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 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 black soil involved is 56 bags.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.5,000/-(Rupees Five 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 petitioner 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 petitioner with certain conditions :

[a] The petitioner is directed to pay a sum of Rs.5,000/- (Rupees Five Thousand only), 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 his arrest or on his 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 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 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 everyday at 10.30 a.m. for a period of two weeks and thereafter as and when required.

[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 petitioner is 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 12.09.2020. -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,SENTHAMANGALAM 2 THE PUBLIC PROSECUTOR, HIGH COURT,MADRAS.

3 THE INSPECTOR OF POLICE, SENDAMANGALAM POLICE STATION, NAMAKKAL DISTRICT.

4 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.W.CAMYLES GANDHI Advocate on payment of necessary charges CRL OP.12813/2020 Date :21/08/2020 GKS:03/09/2020