E.Senthamizh Selvan v. State Rep By
K.GOVINDARAJAN THILAKAVADI , J.
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 303 (2), 325(a) of BNS Act, 2023 in Crime No.408 of 2024, seeks anticipatory bail.
2. The case of the prosecution is that on 03.10.2024, the petitioner/sole accused was illegally transported one unit of river sand in a vehicle bearing registration No. TN-20 P-9434 without any valid permit or license from the Government. Hence, the complaint.
3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution. However, on instructions, the learned counsel further submits that the petitioner without prejudice to his rights, on his own volition, is ready and willing to contribute some amount to any charitable trust as may be directed by this Court and he prays to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.side) would submit that the petitioner was illegally transported one unit of river sand without any valid permit or license from the Government. He would also submit that the petitioner has no previous case. However, he vehemently opposed to grant anticipatory bail to the petitioner.
5. Taking into consideration the facts and the submissions made by the learned counsel on either side and also considering the fact that the petitioner on his own volition have agreed to contribute some amount to any charitable trust, 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, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate No.I, Vellore, 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 and on further condition that:
[a] the petitioner is directed to deposit a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of Tamil Nadu Advocate Clerk Association, Chennai, within a period of two weeks from the date of receipt of a copy of this order 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 Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; [c] the petitioner shall report before the respondent police on every Saturday at 10.30 a.m., for a period of two months and thereafter, as and when required for interrogation;
[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 has been imposed and the petitioner is 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]; and;
K.GOVINDARAJAN THILAKAVADI , J.
nr [g] if the accused thereafter absconds, a fresh FIR can be registered under Section 269-BNS;
09.10.2024 nr