Madras High CourtCRL OP/21844/2021granted

Sivaraj v. State Rep By

2021-11-19Honourable Mrs Justice T.V.Thamilselvi3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 19.11.2021

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.21844 of 2021 Sivaraj ... Petitioner

Versus

State Rep by ... Respondent Inspector of Police, Gurubarapalli Police Station, Krishnagiri District (Crime No.91 of 2021) Prayer:- Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure seeking to enlarge the petitioner on bail in the event of their arrest in Crime No.91 of 2021 pending investigation on the file of the respondent police. For Petitioner : Mr.E.Kannadasan For Respondent : Mr.N.S.Suganthan Government Advocate (Crl. Side)

ORDER

The petitioner, who apprehends arrest for the alleged offences under section 379 of I.P.C, in Crime No.91 of 2021, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution that the petitioner was involved in illegal transportation of three units of river sand in a Tipper Lorry. Hence, the Law Enforcing Agency registered a case against the petitioner.

3. The learned counsel for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submits that without prejudice to his defence and contentions, the petitioner is ready to deposit any considerable amount, on his own volition, to any charitable institution. Therefore, he prays to grant bail to the petitioner.

4. The learned Government Advocate(Crl.Side) submits that petitioner was involved in illegal transportation of three units of river sand. He further submits that there is no previous case pending against the petitioner. However, he opposed for grant of anticipatory bail to the petitioner.

5. Considering the facts and Circumstances of the case, 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 before the learned J.M., No.II, Krishnagiri 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 petitioner shall deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand Only) as nonrefundable deposit in favour of "SEVALAYA, No.F-2, Pushkarani Apartments, 12 Ananda Road, Alwarpet, Chennai- 600 018" 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 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 petitioner is directed to 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 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.

TO 1 THE JUDICIAL MAGISTRATE, NO.II, KRISHNAGIRI.

2 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, GURUBARAPALLI POLICE STATION, KRISHNAGIRI DISTRICT.

5 THE SEVALAYA, NO.F-2, PUSHKARANI APARTMENTS, 12 ANANDA ROAD, ALWARPET, CHENNAI-600 018.

+1 CC to M/S. E.KANNADASAN Advocate on payment of necessary charges SR.NO.13071 CRL OP.21844/2021 Date :19/11/2021 TA-29/11/2021