In a habeas corpus petition for anticipatory bail under Section 438 Cr.P.C., the High Court directed the petitioner to deposit Rs.5,000 with the Cancer Institute and execute a bail bond to grant bail pending arrest.
Petitioner granted anticipatory bail subject to depositing Rs.5,000 with the Cancer Institute and executing a bail bond.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.O.P.No.6994 of 2020
IN THE HIGH COURT OF JUDICATURE AT
MADRAS
DATED : 02.06.2020
CORAM
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA
Crl.O.P.No.6994 of 2020
Venkatesan
S/o.Shanmugam @ Vellai,
No.818, Road Street,
Mottur Village,
Thachoor Post,
Arani, Thriuvannamalai District. ... Petitioner
Vs.
State rep. by its
Inspector of Police,
Arani Taluk Police Station,
Thriuvannamalai District.
Crime No.148/2020. ...Respondent
Prayer : Criminal Original Petition filed under Section 438 Cr.P.C. to
grant Anticipatory bail to the petitioner in the event of their arrest in
Crime No.148 of 2020 on the file of the respondent police.
Crl.O.P.No.6994 of 2020
For Petitioner : Mr.V.Bhagiradhan For Respondent : Mr.K.Prabakar
Additional Public Prosecutor
O R D E R
The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 379, 430 of IPC r/w 21(1) MM Act in Crime No.148 of 2020 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the petitioner had transported 1/4 unit of sand by using bullock cart without any valid licence. Hence the complaint.
4.The learned Additional Public Prosecutor submitted that the quantity of sand involved is 1/4 unit. Hence, he opposed for the grant of
Crl.O.P.No.6994 of 2020
anticipatory bail to the petitioner.
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.5,000/- (Rupees five 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 on such deposit, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a
Crl.O.P.No.6994 of 2020
period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Arani on condition that the petitioner shall execute a separate 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 deposit a sum of Rs.5,000/- (Rupees five 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.
[c] the petitioner shall report before the respondent police 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
Crl.O.P.No.6994 of 2020
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 abscond, a fresh FIR can be
registered under Section 229A IPC.
8.With the above directions, this Criminal Original Petition is
ordered.
02.06.2020
Index : Yes/No
Internet : Yes/No
rri
Crl.O.P.No.6994 of 2020
A.D.JAGADISH CHANDIRA,J. rri
To
02.06.2020
1 issue framed by the court
Whether to grant anticipatory bail to the petitioner in a case alleging illegal mining of sand.
Colour shows how this judgement treated each authority
4 provisions across 3 enactments
Venkatesan S/o.Shanmugam @ Vellai
Inspector of Police, Arani Taluk Police Station
A.D.JAGADISH CHANDIRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
A.D.JAGADISH CHANDIRA
Parties & counsel
