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Subramani v/s State rep. by the Inspector of Police, Krishnagiri District


    Crl. O.P. No. 7096 of 2020

    Decided On, 02 June 2020

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA

    For the Petitioner: E. Kannadasan, Advocate. For the Respondent: K. Prabakar, Additional Public Prosecutor.



Judgment Text


(Prayer: Criminal Original Petition filed under Section 438 Cr.P.C. to grant anticipatory bail to the petitioner in the event of his arrest in Crime No.77 of 2020 pending on the file of the respondent.)

1. The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 379 of IPC (Sand Theft) in Crime No.77 of 2020 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner had transported one unit of sand without any valid licence. Hence the complaint.

3. According to the petitioner, the petitioner is in no way connected with the alleged offences and he has been falsely implicated in the case on hand and he would submit that there is no previous case against the petitioner. He would further submit that without prejudice to his contention, the petitioner is prepared to deposit a considerable amount to any charitable organisation and prayed for grant of Anticipatory Bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the quantity of sand involved is one unit. Hence, he opposed for the grant of anticipatory bail to the petitioner.

5. In view of the fact that there is no previous case against the petitioner and in order to curb the illegal sand mining activities, this Court is of the opinion that the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand Only) as non refundable deposit to the Cancer Institute WIA No.38, Childrens Park Access Road, IIT Post, Guindy National Park, Guindy, Chennai, Tamil Nadu-600 036, PH. No.044 2220 9150 and the receipt of such payment shall be produced before the concerned Magistrate at the time of executing bail bond without prejudice to his rights and contentions before the trial Court.

6. 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.

7. Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand Only) as non refundable deposit to the Cancer Institute WIA No.38, Childrens Park Access Road, IIT Post, Guindy National Park, Guindy, Chennai, Tamil Nadu-600 036, PH. No.044 2220 9150 bearing A/c No.149710011005477, Andhra Bank, Madhya Kailash Branch, Chennai, and on such deposit and production of proof, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate-II, Krishnagiri, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with one surety 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioner and the surety 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.

[b] the petitioner shall report before the respondent police as and when required for interrogation.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petiti

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oner 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]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC. 8. With the above directions, this Criminal Original Petition is ordered.
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