C.Avinash v. State Rep.By

CRL. OP. No.7000 OF 2016 K.KALYANASUNDARAM.J.

The petitioner, who is arrayed as A2, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 379 IPC read with Section 21(i) (IV) of Mines and Mineral Act, in Crime No.26 of 2016 and hence, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner is the owner of the vehicle. When the respondent police have conducted a routine check-up, they found that the petitioner was transporting sand illegally without any valid permit from the concerned authority.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that A1 was arrested and remanded to judicial custody on 26.03.2016 and the petitioner, to prove his bonafide, agreed to donate a sum of Rs.10,000/-.

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

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

K.KALYANASUNDARAM,J.

gv/sms 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, Palacode on 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 Thousand only) by way of Demand Draft/Cheque drawn in favour of " " Tamilnadu Harijan Sevak Sangh" No.58, Venkatanarayana Raod, T.Nagar, Chennai - 17, Ph: 9994657433 , " towards donation within a period of two weeks from the date on which, the copy of the order is made ready and 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.

31.03.2016 gv/sms CRL. O.P. No.7000 OF 2016