R.Nandagopla v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Thirteenth day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.14233 of 2021 R.NANDAGOPLA [ PETITIONER / ACCUSED ] Vs STATE REP. BY [ RESPONDENT ] THE STATION HOUSE OFFICER, VILLIANUR POLICE STATION, VILLIANUR, PONDICHERRY.

CRIME NO.226/2021 For Petitioner : M/S. E.ANBARASAN Advocate For Respondent : MR. V.BALAMURUGANE, PUBLIC PROSECUTOR (PUDUCHERRY), PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner who apprehends arrest at the hands of the respondent police for the alleged offence under Section 379 of I.P.C. and Section 3 (1) of Prevention of Damage to Public Property Act, 1984, in Cr.No.226 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner is alleged to have attempted to commit theft of 1 unit of river sand. 3.The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution. The learned counsel, on instructions, further submitted that the petitioner is ready to deposit a sum of Rs.10,000/- to the concerned Chief Educational Officer.

4.Heard the submissions made by the learned Government Advocate (Crl. Side).

5.Considering the fact that the petitioner is ready to deposit a sum of Rs.10,000/- to the concerned Chief Educational Officer, this Court is inclined to grant anticipatory bail to the petitioner. 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate - III, Pondicherry, on condition that

the petitioner 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 and on further condition that:

(a)The petitioner shall make a non-refundable deposit of Rs.10,000/- (Rupees Ten Thousand Only) to the credit of the concerned Chief Educational Officer for the rehabilitation and improvement of the basic needs of the Government Schools in Pondicherry under necessary acknowledgment, without prejudice to his defence before the trial court and submit proof of payment of the said amount before the aforesaid learned Judicial Magistrate, who after perusing the receipt/ acknowledgment shall accept the sureties furnished by the petitioner;

(b)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned 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 daily 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]; and; (g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

7.The Chief Educational Officer shall submit the necessary proof with regard to the expenditure incurred and works that were done for the improvement/ rehabilitation of the schools in Pondicherry before the concerned Director of School Education as and when such works are completed by utilising the money as ordered by this Court. -sd/- 13/08/2021 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 - III, PONDICHERRY.

2 THE CHIEF JUDICIAL MAGISTRATE, PONDICHERRY (FOR INFORMATION).

3 THE STATION HOUSE OFFICER, VILLIANUR POLICE STATION, VILLIANUR, PONDICHERRY.

4 THE CHIEF EDUCATIONAL OFFICER, PONDICHERRY.

5 THE PUBLIC PROSECUTOR PONDICHERRY.

+1 CC to M/S. E.ANBARASAN Advocate on payment of necessary charges SR.NO.8550 CRL OP.14233/2021 Date :13/08/2021 INBA 24/08/2021