Madras High CourtCRL OP/7296/2016granted

Chandrasekaran v. The State Rep.By

2016-04-04Honourable Mr Justice K. Kalyanasundaram2 pages

CRL. OP. No.7296 OF 2016 K.KALYANASUNDARAM.J.

The petitioner, who is arrayed as an accused, apprehends arrest at the hands of the respondent police for the alleged offences under Section 379 IPC (Sand Theft) read with Section 21(I) of Mines and Minerals Act, in Crime No.161 of 2016 and hence, seeks anticipatory bail.

2. The case of the prosecution is that on 24.03.2016, when the respondent police have intercepted the vehicle, they found that the accused was transporting sand without valid permit.

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 the petitioner, to prove his bonafide, agreed to donate a sum of Rs.10,000/- (Rupees Ten Thousand only).

4. The learned Government Advocate (Criminal side) appearing for the respondent would submit that the petitioner has no previous case.

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.

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 No.II, Hosur and 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 "Shiri Saradha Sakthi Peetam, 72, Kamaraj Highways Old Perungalathur, Chennai, Tamil Nadu - 600 063. Ph. 044 2276 0612" 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.

04.04.2016 sms/gv CRL. O.P. No.7296 OF 2016