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Madras High CourtCRL OP/21719/2023granted

Anantharaj v. State Rep By

2023-09-21Honourable Mr Justice G. Chandrasekharan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.09.2023

CORAM

THE HON'BLE MR. JUSTICE G.CHANDRASEKHARAN Anantharaj ..Petitioner Vs.

The State Rep. By The Inspector of Police, Veppamkuppam Police Station, Vellore District.

Crime No.243 of 2023 ...Respondent PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.243 of 2023 pending on the file of the respondent police. For Petitioner : Mr.D.Thirumoorthy For Respondent : Mr.S.Rajakumar Additional Public Prosecutor 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 30.08.2023 for the offences punishable under Sections 379 and 430 of IPC read with Section 21(1) of Mines & Minerals (Development & Regulation) Act, 1957 in Crime No.243 of 2023, on the file of the respondent police seeks bail.

2. The learned counsel for the petitioner submitted that, petitioner is an innocent person and he has been falsely implicated in a case registered in Crime No.243 of 2023 for the offences under Sections 379 and 430 of IPC read with Section 21(1) of Mines & Minerals (Development & Regulation) Act, 1957. Thus, he seeks bail to the petitioner.

3. In response, learned Additional Public Prosecutor submitted that, on 30.08.2023, at about 08.00.a.m., defacto complainant along with the police party had engaged in routine surveillance at Cherpaddi Village. At that time, they found two persons transporting one unit river sand in a tractor bearing Reg.No.TN 23 CU 9740. On seeing the police, 2/6

one person escaped and other person was apprehended by the police and his name is Anantharaj and he is the driver of the tractor. Tractor and the river sand had been seized. There is no previous case pending against the petitioner.

4. Considering the fact that, tractor and the river sand had been seized and there is no similar previous case pending against the petitioner and having regard to the fact that, petitioner is in Judicial Custody from 30.08.2023 and that material part of the investigation might have been over by this time, this Court is inclined to grant bail to the petitioner.

5. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.III, Vellore and on further conditions that :- [a] 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.

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[b] the petitioner without prejudice to his defence shall deposit a non-refundable sum of Rs.10,000/-, by way of Demand Draft to the Chief Minister's Public Relief Fund, Finance (CMPRF) Department, Government of Tamil Nadu, Secretariat, Chennai 600 009, Tamil Nadu, India, Indian Overseas Bank, Secretariat Branch, Chennai 600 009, S.B.Account No.11720 10000 00070, IFS Code IOBA0001172, CMPRF PAN: AAAGC0038F and that the receipt of such payment shall be produced before the concerned Magistrate at the time of executing the bond; It is made clear that merely, because the petitioner deposits the said amount, it would not amount to admission of his guilt. Therefore, it is open to the trial Court to deal with the case independently. [c] the petitioner shall report before the respondent police daily at 10.00.a.m., until further orders.

[d] the petitioner shall not abscond either during investigation or trial.

[e] the petitioner shall not tamper with 4/6

evidence or witness 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 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. 21.09.2023 Sma To

1. Judicial Magistrate No.III, Vellore.

2.The Inspector of Police, Veppamkuppam Police Station, Vellore District.

3.Central Jail, Vellore.

Puzhal.

4.The Public Prosecutor, High Court of Madras 5/6

G.CHANDRASEKHARAN. J.

Sma Crl.O.P.No.21719 of 2023 21.09.2023 6/6