S.Mani v. The State By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.11.2021
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.21588 of 2021
1. S.Mani
2. U.Vetrivel .. Petitioners Vs.
The State by Inspector of Police, Thevoor Police Station, Salem District.
(Crime No.44 of 2020) ...Respondent Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., praying to enlarge the petitioners on bail in the event of his arrest by the respondent police in Crime No.44 of 2020 pending investigation on the file of the Inspector of Police, Thevoor Police Station, Salem.
For Petitioners: Mr.A.Saravanan For Respondent : Mr.N.S.Suganthan Government Advocate (Crl.Side)
ORDER
The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Section 379 of IPC in Crime No.44 of 2020, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioners had transported 1/2 unit of river sand illegally by using a Van without any valid licence. Hence the complaint.
3. The learned counsel appearing for the petitioners submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. However, on instructions, the learned counsel further submits that the petitioners, on their own volition, are ready and willing to contribute a sum of Rs.7,500/- to the credit of the Tamilnadu Advocates Clerks Association, Chennai
that may be imposed by this Court. He prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.side) appearing for the respondent opposed for granting of anticipatory bail to the petitioners by stating that the quantity of sand involved is 1/2 units. He further submits that investigation is almost completed.
5. Considering the facts and circumstances of the case and also considering the submissions made by the both counsel and also the fact that the petitioners have willfully and on their own volition agreed to contribute a sum of Rs.7,500/- for charitable purpose, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate-I, Sankari, on condition that each of the petitioners shall execute separate bonds for a sum of Rs.10,000/- (Rupees Ten thousand only) each 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 are directed to deposit a sum of Rs.7,500/- (Rupees Seven thousand and five hundred only) to the Tamilnadu Advocates Clerks Association, Chennai, 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.
[b] 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.
[c] the petitioners are directed to report before the respondent police on every Friday at 10.30 a.m., for a period of four weeks and thereafter as and required for interrogation; [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 absconds, a fresh FIR can be registered under Section 229A IPC.
-sd/- 18/11/2021 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, NO.I, SANKARI 2 THE CHIEF JUDICIAL MAGISTRATE SALEM(FOR INFORMATION) 3 INSPECTOR OF POLICE, THEVOOR POLICE STATION, SALEM DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE TAMILNADU ADVOCATES CLERKS ASSOCIATION, HIGH COURT, CHENNAI CC to M/S. A.SARAVANAN Advocate on payment of necessary charges Sr.12997 CRL OP.21588/2021 Date :18/11/2021 RVR 23/11/2021