Allowed

Sivakumar v. State Rep by

Madras HC28 Jul 2020CRL OP/11248/2020

Case brief

AI extract

What is this about?

Single judge grants anticipatory bail to petitioner facing illegal sand mining charges. Court imposes conditional release including a non-refundable deposit to an Advocates Relief Fund, execution of a bond with sureties, and periodic reporting. The order deems the deposit as no admission of guilt.

What did the court decide?

Grant of anticipatory bail subject to payment of Rs.7,500 deposit, execution of bond with sureties, and adherence to reporting and non-evidence tampering conditions.

Sivakumar Vs State Rep by — Quashing and FIR | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 28.07.2020

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CORAM :

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THE HON'BLE MR. JUSTICE A. D. JAGADISH CHANDIRA

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Crl.O.P.No.11248 of 2020

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Sivakumar ...Petitioner/A2

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Vs.

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The State Represented by, The Inspector of Police, Pudupettai Police Station, Cuddalore District. (Crime No.408 of 2020) ... Respondent

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PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.408 of 2020 on the file of respondent Police.

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For Petitioner : Mr.K.Balu
For Respondent : Mr.T.Shunmugarajeswaran
Government Advocate (Crl.Side)
O R D E R
(The case has been heard through video conference)

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The petitioner who apprehends arrest at the hands of the respondent Police for the offences punishable under Sections 430, 379 IPC r/w Section 21(1) of Mines & Minerals (Development & Regulation) Act, 1957, in Crime No. 408 of 2020, seeks anticipatory bail.

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The case of the prosecution as per the defacto complainant is that the petitioner was found in possession of 25kgs of river sand without obtaining proper license. Hence, the complaint.

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The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and has been falsely implicated in this case. On instruction, he would further submit that without prejudice to his defence, the petitioner is prepared to deposit considerable amount to any charitable Organization or Association. Hence, he prays to grant anticipatory bail to the petitioner.

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https://hcservices.ecourts.gov.in/hcservices/

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The learned Government Advocate submitted that the petitioner was found in possession of 25kgs of river sand without proper licence. He would further submit that there is no previous case. Hence, he vehemently opposed for the grant of anticipatory bail to the petitioner.

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In order to curb the illegal sand mining activities, this Court is of the opinion that the petitioner shall deposit a sum of Rs.7,500/- (Rupees Seven Thousand Five Hundred only) as nonrefundable deposit to the “Bar Council of Tamil Nadu and Puducherry (BCTNP) Advocates Relief Fund, Account No:6873278505, Indian Bank, Madras High Court Branch with IFSC Code – IDIB000M157” without prejudice to his rights and contentions before the trial Court.

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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.

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Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions:-

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[a] The petitioner is directed to deposit a sum of Rs.7,500/(Rupees Seven Thousand Five Hundred only) as non-refundable deposit to the “Bar Council of Tamil Nadu and Puducherry (BCTNP) Advocates Relief Fund, Account No:6873278505, Indian Bank, Madras High Court Branch with IFSC Code – IDIB000M157” within fifteen (15) days from the date of receipt of a copy of this order. Thereafter, the petitioner is directed to be released on bail in the event of his arrest or on his appearance and on production of proof of deposit of the above amount and on further condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Ten thousand only) with two sureties each for a like sum to the satisfaction of the police officer who intends to arrest, failing which the petition for anticipatory bail shall stands dismissed automatically and on further condition that the petitioner shall also give a letter of undertaking before the respondent/police that the said amount has been paid in respect of particular crime number.

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[b] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the respondent/police may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

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[c] the petitioner shall report before the respondent police every Monday and Friday at 10.30 a.m., until further orders.

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

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

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https://hcservices.ecourts.gov.in/hcservices/

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[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 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].

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[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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With the above directions, this Criminal Original Petition is ordered.

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Post the matter for “reporting compliance” on 18.08.2020. -sd/28/07/2020 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104. TO 1 THE JUDICIAL MAGISTRATE, NO.II, PANRUTI. 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS. 3 THE INSPECTOR OF POLICE, PUDUPETTAI POLICE STATION, CUDDALORE DISTRICT.

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4 THE BAR COUNCIL OF TAMIL NADU AND PUDUCHERRY (BCTNP) ADVOCATES RELIEF FUND, ACCOUNT NO:6873278505, INDIAN BANK, MADRAS HIGH COURT BRANCH WITH IFSC CODE – IDIB000M157 CC to M/S. K.BALU Advocate on payment of necessary charges

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CRL OP.11248/2020

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Date :28/07/2020

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https://hcservices.ecourts.gov.in/hcservices/ cs 12/08/2020

Sivakumar v. State Rep by

Case brief

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Sivakumar v. State Rep by

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