S.Venkatesan v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 24.08.2020 CORAM :

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.12892 of 2020 S.Venkatesan ... Petitioner Vs.

The State Rep. by The Inspector of Police, Kalasapakkam Police Station, Thiruvannamalai District.

(Crime No.2428 of 2020) ... Respondent PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on bail, in the event of his arrest in Crime No.2428 of 2020, pending investigation on the file of the respondent police.

For Petitioner : Mr.M.Aswin For Respondent : Mr.M.Mohamed Riyaz 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 and 430 of IPC r/w 21(5) of Mines and Minerals Act 1957 and Section 3 of TNPPDL Act, 1992, in Crime No.2428 of 2020, on the file of the respondent police, seeks anticipatory bail.

2. It is the case of the prosecution that the petitioner has transported 1⁄4 unit of river sand illegally by using his Bullock Cart without any valid licence. 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 appearing for the

respondent submitted that the quantity of river sand involved is 1⁄4 unit. He further submitted that there is no previous case pending against 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 to Claretian Life Animation Project Trust, A/c.No.1190155000096499, The Karur Vysya Bank Ltd, Tambaram Branch, Chennai, IFSC Code No. KVBL0001190, without prejudice to his rights and contentions before the trial Court.

6. Merely, because the petitioner has deposited 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/- either through RTGS/NEFT or in cash in favour of 'Claretian Life Animation Project Trust', A/c.No.1190155000096499, The Karur Vysya Bank Ltd, Tambaram Branch, Chennai, IFSC Code No. KVBL0001190, 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 his appearance and on production of proof of payment of the above amount and on further condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Ten thousand only) with two sureties each for the like sum to the satisfaction of the police officer who intends to arrest, failing which the petition for anticipatory bail shall stand dismissed automatically and on further condition that the petitioner shall also give an 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 a.m., 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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/- 24/08/2020 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, THIRUVANNAMALAI 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, KALASAPAKKAM POLICE STATION, THIRUVANNAMALAI DISTRICT.

4 THE CLARETIAN LIFE ANIMATION PROJECT TRUST,THE KARURU VYSYA BANK LTD, TAMBARAM BRANCHM CHENNAI, A/C.NO.1190155000096499,IFSC CODE.NO.KVBL0001190. CC to M/S.M.ASWIN Advocate on payment of necessary charges CRL OP.12892/2020 Date :24/08/2020 RD 07/09/2020