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Madras High CourtCRL OP/19063/2020granted

Ramesh v. The State Rep By

2020-12-08Honourable Mr Justice A.D.Jagadish Chandira4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.12.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.19063 of 2020 Ramesh ... Petitioner

Versus

State Rep.by Forest Range Officer, Singarapettai Forest Range, Krishnagiri District.

... Respondent (Report No.01 of 2020) Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge petitioner on bail in the event of his arrest in connection with Report No.01/2020,pending on the file of the respondent police. For Petitioner : Mr.S.Paul Gnanamuthu 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 for the alleged offence under Sections 3, 4, 5(a & b) of the Tamil Nadu Rosewood Trees (Conservation) Act,1994 and Sections 3, 3(1) and 7 of the Tamil Nadu Hill Areas (Preservation of Trees) Act, 1955, in Report No.1 of 2020 on the file of the respondent police, seeks anticipatory bail. 2.The petitioner is arrayed as A2. The case of the prosecution is that the petitioner/A2 and along with A1 was found in possession of 10 numbers of Rosewood Trees worth of Rs.1,30,000/-, which they have cut and carried away, without any permission from the department. Hence, a complaint was registered. 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.

The petitioner never indulged in any such offence as alleged by the prosecution. He further submitted that the petitioner is prepared to pay some amount as a condition precedent for granting anticipatory bail. Accordingly, he prays for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate appearing for the respondent submitted that the petitioner is one of the accused in this case. Without having any permission, he transported Rosewood Trees illegally which was worth about Rs.1.30 lakhs. A1 was arrested and remanded in judicial custody. Hence, he opposed for grant of anticipatory bail to the petitioner.

5. In order to curb the illegal activities and taking into consideration of the voluntary submission made by the petitioner offering to donate/pay some amount to any charitable organization or association this Court is of the opinion that the petitioner shall be directed to deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) as non-refundable deposit through RTGS/NEFT in favour of the The Dean, Rajiv Gandhi Government General Hospital, Chennai, bearing A/c.No.10273425961, State Bank of India, Park Town (Chennai), 68, Evening Bazaar Road, Chennai, IFSC:SBIN0001856. It is made clear that merely, because the petitioner deposits 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.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 on which the order copy was made ready, before the Learned Judicial Magistrate No.IV, Vellore, on condition that the petitioner 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 conditions that:

[a] The petitioner shall deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) as non-refundable deposit through RTGS/NEFT in favour of the The Dean, Rajiv Gandhi Government General Hospital, Chennai, bearing A/c.No.10273425961, State Bank of India, Park Town (Chennai), 68, Evening Bazaar Road, Chennai, IFSC:SBIN0001856 (b) The petitioner 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.

[c] the final order in respect of the said deposit shall be passed by the learned trial Judge at conclusion of trial. [d] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, every saturday at 10.30 am., until further orders.

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[f] the petitioner shall not abscond either during investigation or trial.

[g] 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]. [h] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

Accordingly, the petitioner is ordered to be released on payment of the above said amount and production of proof thereof, he shall be released on bail and on further condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a likesum sum to the satisfaction of the Learned Judicial Magistrate, Pochamapalli, Krishnagiri District, and on further conditions that:- [b] the petitioner 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.

[c] the final order in respect of the said deposit shall be passed by the learned trial Judge at conclusion of trial. [d] the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders. Rajiv Gandhi hospital [e] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[f] the petitioner shall not abscond either during investigation or trial.

[g] 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]. [h] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

-sd/- 08/12/2020 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, POCHAMPALLI, KRISHNAGIRI DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI(FOR INFORMATION) 3 THE JUDICIAL MAGISTRATE NO.IV VELLORE.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 FOREST RANGE OFFICER, SINGARAPETTAI FOREST RANGE, KRISHNAGIRI DISTRICT.

6 THE DEAN, RAJIV GANDHI GOVERNMENT GENERAL HOSPITAL, CHENNAI, BEARING A/C.NO.10273425961, STATE BANK OF INDIA, PARK TOWN (CHENNAI), 68, EVENING BAZAAR ROAD, CHENNAI, IFSC:SBIN0001856 CC to M/S.S.PAULGNANAMUTHU Advocate on payment of necessary charges SR.8088 CRL OP.19063/2020 Date :08/12/2020 RVR 15/12/2020