Sathishkumar v. State Rep By

T.V.THAMILSELVI, J.

The petitioner, who apprehends arrest for the alleged offences punishable under Sections 379, 430 of IPC r/w Section 21 (1) Mines and Minerals (Development and Regulations) Act, 1957 in Crime No.353 of 2024 on the file of the respondent/police, seeks anticipatory bail. 2.It is the case of the prosecution that on 09.06.2024 at about 06.30 a.m.

when the respondent police and his subordinates were in routine vehicle check up at Chinnoor Junction Road near at Arch, while at that time one Tipper Lorry bearing Registration TN-39-DY-8338 came in an opposite direction, on seeing the police party the driver of the lorry suddenly turn the vehicle, but the lorry was overturned and two persons were got down from the lorry and try to escape from there, however they were managed and caught hold the driver of the vehicle and another person was escaped from there and they made search from the lorry found 2 units of sand and recorded his statement reveals that this petitioner is the owner of the lorry. Hence the complaint. 3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case.

He is ready to furnish sufficient sureties for his release on bail. Hence he prays to grant anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl. Side) vehemently opposed for grant of anticipatory bail to the petitioner. The petitioner is the owner of the Tipper Lorry bearing Registration No.TN-39-DY-8338. Based on his statement the case was registered against the petitioner and other person. 5.Heard the learned counsel for the petitioner, and the learned Government Advocate (Crl.Side) and perused the materials available on record.

6.Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner. 7.Accordingly, the petitioner is directed to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Thirupathur, on condition that the petitioner shall execute a 2/6

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 the petitioner, 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 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;

(b) the petitioner is directed to deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) to the credit of Registered Advocates Clerks Association, Thirupathur, within a period of two weeks from the date of receipt of a copy of this order and shall produce the said receipt before the Court below;

(c) the petitioner shall appear before the respondent police as and when required;

(d) the petitioner shall not tamper with evidence 3/6

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 Judge 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.

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T.V.THAMILSELVI, J.

ah Crl.OP.No.13805 of 2024 5/6

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