Senthil v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.12.2021

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.24129 of 2021 Senthil ... Petitioner

Versus

State represented by The Inspector of Police, Gurubarapalli Police Station, Krishnagiri District.

(Crime No.285 of 2021) ... Respondent Prayer:- Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioner on bail in the event of his arrest in the Crime No.285 of 2021 pending investigation on the file of the respondent.

For Petitioner :

Mr.E.Kannadasan 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 under Section 379 of IPC in Crime No.285 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that on 23.11.2021 when the respondent police and his subordinates were conducting routine vehicle checkup from Krishnagiri to Hosur near at Kummanur Branch Road, Tamil Nadu Forest Office at that time Tipper Lorries came in an opposite direction on seeing the police party the drivers of the lorries abanded the vehicles and escaped from the place of occurrence and the respondent police went and made search and each lorries were found 3 units of Rubbish Soil and they seized the lorries and went to the police station. Hence the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has 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 petitioner illegally seized 3 units of Rubbish soil without permission. However, he vehemently opposed to grant 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 with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.II, Krishnagiri 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.10,000/- (Rupees Ten Thousand only) to the credit of the Tamil Nadu Legal Services Authority, Chennai, within 15 days from the date of commencement of the Court's normal functioning 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 anticipatory 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/- 14/12/2021 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.

(*) Being mentioned as per order of this Court dated 04/01/2022. Made in Crl.O.P.NO.24129/2021.

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

2 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI DISTRICT. [FOR INFORMATION] 3 THEINSPECTOR OF POLICE, GURUBARAPALLI POLICE STATION, KRISHNAGIRI DISTRICT.

(*)THE TAMIL NADU LEGAL SERVICES AUTHORITY, CHENNAI, 5 THE LEGAL SERVICES AUTHORITY CHENNAI.

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

7 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.E.KANNADASAN Advocate on payment of necessary charges SR.NO.138 CRL OP.24129/2021 Date :14/12/2021 CSK 17/12/2021 TA-21/01/2022