Gopi @ Gopinathan v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Thirtieth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.14966 of 2022 1 GOPI @ GOPINATHAN [ PETITIONERS / ACCUSED ] 2 VINITH @ VINITHKUMAR Vs STATE REP BY ITS, [ RESPONDENT ] THE INSPECTOR OF POLICE, VELLAVEDU POLICE STATION, TIRUVALLUR DISTRICT.
CR.NO.185 OF 2021.
For Petitioner : M/S.AUGUSTIN Advocate For Respondent : M/S.V.J.PRIYADARSANA, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/A5 & A6 who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 430, 379 r/w 36(A) of Mines and Minerals (Development and Regulation) Act in Crime No. 185 of 2021, seek anticipatory bail.
2. It is the case of the prosecution that the petitioners along with other accused persons alleged to have transported sand illegally in a Lorry and JCB.
3. This Court has already granted anticipatory bail to the petitioners on 26.05.2022 in Crl.O.P.No.12417 of 2022, on condition that the 1st and 2nd petitioners shall deposit a sum of Rs.30,000/- (Rupees Thirty Thousand Only) and Rs.10,000/- (Rupees Ten Thousand Only) respectively as non refundable deposit to the credit of the concerned District Mineral Foundation Trust. Though the petitioners deposited the said amount as non refundable deposit to the credit of the concerned District Mineral Foundation Trust, they could not be able to get the original order copy and failed to execute the sureties.
4. Considering the above fact and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
5.
Accordingly, 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 Judicial Magistrate Court No.II, Poonamallee, on condition that each of the petitioners shall execute a separate 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 report before the respondent police daily at 10.30 a.m. for a period of four weeks and thereafter as and when required for interrogation.
[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioners shall not abscond either during investigation or trial.
[e] 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
-sd/- 30/06/2022 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, POONAMALLEE.
2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, VELLAVEDU POLICE STATION, TIRUVALLUR DISTRICT.
+1 CC to M/S.AUGUSTIN Advocate on payment of necessary charges SR.NO.10491 CRL OP.14966/2022 Date :30/06/2022 TA-07/07/2022