V.Pazhani v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 23.11.2021

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No. 22105 of 2021 Mr.V.Pazhani ... Petitioner

Versus

State by, ... Respondent The Inspector of Police, Desur Police Station, Thiruvannamalai District.

(Crime No.302 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 his arrest in Crime No.302 of 2021, pending investigation on the file of the respondent police. For Petitioner : Mr.M.Chandrasekaran For Respondent : Mr.N.S.Suganthan Government Advocate (Crl. Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 379 & 430 of IPC r/w Section 21(5) of the Mines and Minerals (Development & Regulation) Act, 1957 in Crime No.302 of 2021, on the file of the respondent police, seeks anticipatory bail.

2. It is the case of the prosecution that the petitioner is alleged to have transported 2 1⁄2 units of River sand through his tipper lorry bearing Reg.No. TN20 AZ 5833(Ashok Leyland) along with the other accused without permission. Hence the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has falsely not committed any offence as alleged by the prosecution. However, on instructions, the learned counsel further submitted that the petitioner, on his own volition, is ready and willing to contribute a sum of Rs.15,000/- to the credit of the Secretary, Legal Services Authority, Chennai, that may be imposed by this Court. He prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent submitted that the petitioner had illegally transported 2 1⁄2 units of River sand through his tipper lorry bearing Reg.No. TN20 AZ 5833(Ashok Leyland) along with the other accused. Hence, he vehemently opposed for grant of anticipatory bail to the petitioner. 5.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.Side), this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Vandhavasi, on condition that the petitioner 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 is directed to deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand only) to the credit of the Secretary, Legal Services Authority, 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 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 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].

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

-sd/- 23/11/2021 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, VANDHAVASI, THIRUVANNAMALAI.

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

4 THE INSPECTOR OF POLICE, DESUR POLICE STATION, TIRUVANNAMALAI DISTRICT.

5 THE SECRETARY, TAMIL NADU STATE LEGAL SERVICES AUTHORITY, HIGH COURT, MADRAS.

+2 CC to M/S.M.CHANDRASEKARAN Advocate on payment of necessary charges SR.NO.13251 CRL OP.22105/2021 Date :23/11/2021 TA-26/11/2021