Chinnathambi @ Arumugam v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 06.12.2021

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.23317 of 2021

1. Chinnathambi @ Arumugam

2. Arunagiri

...Petitioners

Versus

The State Represented by Inspector of Police, Pullarambakkam Police Station, Thiruvallur District.

(Crime No.186 of 2019) ... Respondent Prayer:- Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure seeking to enlarge the petitioners on anticipatory bail in the event of apprehending arrest in the Cr.No.186 of 2019 on the file of the respondent police. For Petitioners:

M/S.R.Thamarai Selvan For Respondent :

Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

The petitioners, who apprehends arrest for the alleged offence under Sections 379, 430 of IPC and 21(1) Mines & Minerals (Development & Regulation) Act 1957 in Cr.No.186 of 2019 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioners illegally transported 1⁄4 unit of river sand in two Bullock Carts.

3. The learned counsel appearing for the petitioners submit 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 submitted that the petitioners, on their own volition, are ready and willing to contribute a sum of Rs.3000/- each, to the credit of the Registered Advocate Clerk Association, Thiruvallur that may be imposed by this Court. He prays for grant of anticipatory bail to the petitioners.

4.The learned Additional Public Prosecutor submits that petitioners illegally transported 1⁄4 unit of river sand in two Bullock Carts.

5. Considering the facts and circumstances of the case and also considering the submission made by the learned Additional Public Prosecutor, 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, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court No.I, Thiruvallur, on condition that the petitioners shall execute a bond 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.3000/- (Rupees Ten Thousand only) each, to the credit of the Registered Advocate Clerk Association, Thiruvallur, 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 Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(c)the petitioners shall 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]; and;

(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 06/12/2021 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, THIRUVALLUR.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR DISTRICT. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, PULLRAMBAKKAM POLICE STATION, THIRUVALLUR DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE REGISTERED ADVOCATE CLERK ASSOCIATION, THIRUVALLUR.

+1 CC to M/S.R.THAMARAI SELVAN Advocate on payment of necessary charges SR.NO.14109 CRL OP.23317/2021 Date :06/12/2021 RW 13/12/2021