Kutty @ Vijayasekar v. The Inspector Of Police

Crl.O.P.No.6147 of 2016 K.KALYANASUNDARAM, J.

The petitioner, who is arrayed as accused, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 430, 379 of IPC, in Crime No.56 of 2016 on the file of the respondent police and hence, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner is a driver-cumowner of the tractor bearing Reg.No.TN 20 E 4429 and he is alleged to have been found transporting 1 unit of sand in his tractor, without valid license. 3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Further, he would submit that the petitioner, to show his bona fide, voluntarily agreed to pay a sum of Rs.10,000/- [Rupees Ten thousands only] towards donation.

4. The learned Government Advocate (Criminal side) appearing for the respondent would submit that the petitioner has no previous case and that the entire sand and lorry were seized.

5. Considering the above facts and circumstances of the case and further considering the fact that the entire sand and lorry were seized, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

K.KALYANASUNDARAM, J.

ari 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, Arakkonam and on his executing 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 learned Magistrate concerned and on further condition that the petitioner shall pay a sum of Rs.10,000/- (Rupees Ten Thousands only) towards donation by way of Demand Draft/Cheque favouring "Tamil Nadu Harijan Sevak Sangh" [No.58, Venkatanarayana Road, T.Nagar, Chennai 600 017, Mobile No.99946 57433], as voluntarily agreed by him, before this Court, within a period of two weeks, from the date on which the copy of the order is made ready and also directed to produce receipt of the same before the concerned Court and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7.The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed. 21.03.201 Crl.O.P.No.6147 of 2016