Seenivasan v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.11.2021
CORAM
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.21757 of 2021 1.Seenivasan (*)2.Manjunathan @ Manjudevan ... Petitioners
Versus
State rep. by The Inspector of Police, Alandurai Police Station, Coimbatore District.
(*)(Crime No.229 of 2021) ... Respondent Prayer:- Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioners on Bail in the event of their arrest in (*)(Crime No.229 of 2021) on the file of the respondent.
For Petitioners : Mr.W.Camyles Gandhi For Respondent : Mr.N.S.Suganthan Government Advocate (Crl. Side) [CRL.O.P.No.21757 of 2021] MR.A.Gokulakrishnan Additional public Prosecutor [CRL.M.P.NO.12641 of 2021] *********
ORDER
The petitioners, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 379 of IPC and 21(1) of Mines and Minerals (Development & Regulation) Act, 1957 in (*)(Crime No.229 of 2021), seeks anticipatory bail.
2. The case of the prosecution is that on 13.11.2021 the defacto complainant with subordinate were routine checkup at nearby Vellaiyur Attukaran Kovil, at the time one Tipper lorry was came upon that place, the respondent police stopped the vehicle and searched inside, it was possession of 2 1/2 units of Gravel without valid bill to the authority. Hence, the complaint.
3. The learned counsel appearing for the petitioners submitted that the petitioners have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail.
4. The learned Government Advocate (Crl. Side) appearing for the respondent submitted that the petitioners were found illegally transporting 2 1/2 units of Gravel sand without permission. However, he vehemently opposed to grant anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case, 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 his appearance before the learned Judicial Magistrate No.V, Coimbatore, on condition that the petitioners 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, 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.10,000/- (Rupees Ten Thousand only) to the credit of the Sevalaya, No.F2, Pushkarani Apartments, Ananda Road, Alwarpet, Chennai - 600 018, Account Name: SEVALAYA, A/c No.218601000134, Bank: ICICI Bank, Branch: Mylapore, Chennai - 600 004, IFSC Code: ICIC0002186, Cell No.: 9941450444 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 daily at 10.30 a.m., until further orders;
[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/- 19/11/2021 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.
(*)AMENDED AS PER ORDER OF THIS COURT DATED 02/12/2021 MADE IN CRL.MP.No.12641 OF 2021 IN CRL.O.P.No.21757 OF 2021 TO 1 THE JUDICIAL MAGISTRATE, NO.V, COIMBATORE.
2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE [FOR INFORMATION].
3 THE INSPECTOR OF POLICE, ALANDURAI POLICE STATION, COIMBATORE DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE SEVALAYA, NO.F2, PUSHKARANI APARTMENTS, ANANDA ROAD, ALWARPET, CHENNAI - 600 018, ACCOUNT NAME:SEVALAYA, A/C NO.218601000134, BANK: ICICI BANK, BRANCH: MYLAPORE, CHENNAI 600 004, IFSC CODE: ICIC0002186, CELL NO.: 9941450444 +1 CC to M/S W.CAMYLES GANDHI Advocate on payment of necessary charges SR.NO.13934 CRL OP.21757/2021 Date :19/11/2021 JPA 24/11/2021 JPA 13/12/2021