Allowed

Raja v. The Inspector of Police

Madras HC16 Jun 2020CRL OP(MD)/5972/2020

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court granted anticipatory bail to the petitioner pending registration of an FIR in Cr.No.890/2020. The court imposed a condition requiring payment of Rs.75,000 as compensation for health workers and standard bail bond conditions.

What did the court decide?

Petitioner ordered to release on bail in case of arrest if he pays Rs.75,000 to Thanjavur Medical College Hospital and executes a bond with two sureties of Rs.10,000 each.

Raja Vs The Inspector of Police — Anticipatory Bail | Madras HC (2020)

¶1

CRL OP(MD).No.5972 of 2020

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

( Criminal Jurisdiction )

¶4

Date : 16/06/2020

¶5

PRESENT

¶6

The Hon'ble Mr.Justice M.DHANDAPANI

¶7

CRL OP(MD).No.5972 of 2020

¶8

Raja ... Petitioner/ Accused Rank not known Vs State rep by The Inspector of Police, Adiramapattinam Police Station, Thanjavur District. Cr.No.890 of 2020. ... Respondent/Complainant

¶9

For Petitioner : M/s. K.M.Karunakaran, Advocate. For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Criminal Side)

¶10

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C

¶11

PRAYER :

¶12

To enlarge the petitioner on bail in the event of his arrest in connection with Cr.No.890 of 2020 on the file of the respondent police and pass such other orders as this Hon'ble Court.

¶13

ORDER : The Court made the following order :

¶14

Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Criminal Side) appearing for the respondent.

¶15

The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under section 379 of I.P.C., and Section 21(1) of Mines and Minerals (Development & Regulation) Act, in Crime No.890 of 2020 on the file of the respondent police, seeks anticipatory bail.

¶16

The case of the prosecution is that the defacto complainant gave a complaint before the respondent police as against the petitioner alleging that on 02.06.2020, on receipt of secret information that some person was carrying the river sand comprising https://hcservices.ecourts.gov.in/hcservices/ of 5 units in a vehicle and the respondent police immediately

¶17

¶18

CRL OP(MD).No.5972 of 2020

¶19

conducted the raid and the respondent police found that the accused person ran away from the spot leaving behind his vehicle containing the river sand. The vehicle was seized by the respondent police. Hence, a complaint has been lodged.

¶20

The learned counsel for the petitioner submitted that the petitioner did not commit any offence as alleged by the prosecution and he is an innocent and he has been falsely implicated in the above said case. Further, the learned counsel, on instructions from the petitioner, would submit that without any prejudice to his rights and contentions, the petitioner is ready to pay a sum of Rs.75,000/- (Rupees Seventy Five thousand only), as non-refundable compensation, by way of Demand Draft, in favour of 'The Dean, Thanjavur Medical College Hospital, Thanjavur District', for the purpose of providing facilities to the Health workers.

¶21

The learned Government Advocate(Criminal Side) has opposed to grant bail to the petitioner, since investigation is at the initial stage.

¶22

Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner with certain conditions:-

¶23

(i) Accordingly, petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Pattukottai, Thanjavur District and on his executing 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 learned Magistrate concerned;

¶24

(ii) The petitioner is directed to pay a sum of Rs.75,000/(Rupees Seventy Five Thousand Only), by way of Demand Draft, in favour of ' The Dean, Thanjavur Medical College Hospital, Thanjavur', on or before 30.06.2020, for the purpose of providing facilities to the Health workers, as non-refundable compensation, without prejudice to his rights and contentions, since the Health workers put their lives at risk every day and play a critical role in preventing the spread of COVID-19 Pandemic;

¶25

(iii) The petitioner shall appear before the respondent police as and when required for the purpose of interrogation.

¶26

(iv) 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]; and;

¶27

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

¶28

¶29

CRL OP(MD).No.5972 of 2020

¶30

(v) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

¶31

The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

¶32

sd/-

¶33

16/06/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

¶34

Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utlised for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

¶35

¶36

THE JUDICIAL MAGISTRATE, PATTUKOTTAI, THANJAVUR DISTRICT.

¶37

DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

¶38

THE INSPECTOR OF POLICE ADIRAMAPATTINAM POLICE STATION, THANJAVUR DISTRICT. 4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

¶39

Copy to:

¶40

THE DEAN THANJAVUR MEDICAL COLLEGE HOSPITAL, THANJAVUR DISTRICT. ORDER IN CRL OP(MD) No.5972 of 2020 Date :16/06/2020 STS

¶41

https://hcservices.ecourts.gov.in/hcservices/ SRS/ VR/ SAR-III/ 18.06.2020/ 3P/6C

¶42

Raja v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

Raja v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

T.Salomon Durairaj Vs E.Jerry Cardoza

Nadarajan Vs The Inspector of Police

Loganathan Vs The Inspector of Police

Selvi Vs The Inspector of Police

Murugesan Vs The Sub Inspector of police

J.Jeyaseelan David Vs The Deputy Superintendent of Police