Arulraj @ Arulselvan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Sixteenth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.13850 of 2022 1 ARULRAJ @ ARULSELVAM ..PETITIOENRS/ACCUSED 2 SUDHAKAR Vs STATE REP BY ..RESPONDENT/COMPLAINANT THE INSPECTOR OF POLICE, ANDIMANDAM POLICE STATION, ARIYALUR DISTRICT.

CRIME NO.774/2021 For Petitioner : M/S T.BALACHANDRAN Advocate For Respondent : M/S. A.DAMODARAN, ADDITIONAL PUBLIC PROSECUTOR 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 offences punishable under Sections 379 of IPC r/w Section 21(1) of Mines and Minerals (Development and Regulation) Act,1957,in Crime No.774 of 2021, seek anticipatory bail.

2. The case of the prosecution is that the petitioners were involved in illegal transportation of 1⁄2 unit of river sand by using bullock cart. Hence, the complaint.

3. The learned counsel for the petitioners would submit that already the petitioners were granted anticipatory bail by this Court on 06.01.2022 on condition that the petitioners shall deposit a sum of Rs.3,000/- to the credit of Registered Advocate Clerk Association, Ariyalur District, within a period of two weeks from the date of receipt of a copy of the order. However, the petitioners were unable to deposit the said amount. Therefore, the petitioners have again filed the present petition seeking for anticipatory bail.

4. The learned Additional Public Prosecutor admitted that the petitioners were earlier granted anticipatory bail by this Court. However, the petitioners have not executed the sureties as directed by Court.

5. Considering the above fact and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are directed to deposit a sum of Rs.3,000/- (Rupees Three Thousand only) as non refundable deposit to the credit of the Registered Advocate Clerk Association, Ariyalur District 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-II, Jayamkondam, Ariyalur District, on condition that each of the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) 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 deposit a sum of Rs.3,000/- (Rupees Three Thousand only) as non refundable deposit to the credit of the Registered Advocate Clerk Association, Ariyalur District. [c] the petitioners shall report before the respondent police on every Wednesday at 10.30 a.m, 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 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 abscond, a fresh FIR can be registered under Section 229A IPC.

-sd/- 16/06/2022 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.II, JAYAMKONDAM, ARIYALUR DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE, ARIYALUR(FOR INFORMATION) 3 THE INSPECTOR OF POLICE, ANDIMANDAM POLICE STATION, ARIYALUR DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE REGISTERED ADVOCATE CLERK ASSOCIATION, ARIYALUR DISTRICT.

CC to M/S T.BALACHANDRAN Advocate on payment of necessary charges SR.9585 CRL OP.13850/2022 Date :16/06/2022 RVR 23/06/2022