Allowed

Ayyarappan v. State Rep by

Madras HC3 Feb 2021CRL OP/1467/2021

Case brief

AI extract

What is this about?

The Court granted anticipatory bail to the petitioner, who apprehended arrest for illegally transporting river sand. The petitioner was directed to deposit Rs. 10,000 as a non-refundable sum with a welfare association and execute a bond with two sureties, subject to strict reporting and conduct conditions.

What did the court decide?

Anticipatory bail granted; petitioner directed to deposit Rs. 10,000 non-refundably, execute bond with sureties, and adhere to reporting and conduct conditions.

Ayyarappan Vs State Rep by — Anticipatory Bail | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 03.02.2021

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CORAM:

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THE HON'BLE MR.JUSTICE V.BHARATHIDASAN

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Crl.O.P.No.1467 of 2021

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Ayyarappan M ... Petitioner -VsThe State Represented by Inspector of Police, Thirumanur Police Station, Ariyalur District. (Crime No.497 of 2020) ... Respondent

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Prayer: Criminal Original petition filed under Section 438 of Code of Criminal Procedure praying to enlarge the petitioner on bail in the event of his arrest in Crime No.497 of 2020 pending on the file of the respondent police.

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For Petitioner : Mr.C.Prabakaran For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor 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 alleged offence punishable under Sections 379 of IPC r/w Section 21(1) of the Tamilnadu Mines and Minerals (Development & Regulation) Act 1957, in Crime No.497 of 2020, on the file of the respondent police, seeks anticipatory bail.

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The case of the prosecution is that the petitioner had illegally transported ½ unit of river sand by using Bolero Maxi Truck bearing Registration No.TN-49-BW-2606 without any valid permission Hence, the complaint.

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The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. On instruction, he would further submit that the petitioner is prepared to deposit some considerable amount to any charitable organization or association without prejudice to his contention and prayed for grant of anticipatory bail.

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

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The learned Additional Public Prosecutor appearing for the respondent submitted that the petitioner had transported ½ unit of river sand by using Bolero Maxi Truck bearing Registration No.TN-49BW-2606 without any valid permission He would submit that the respondent police seized the said Vehicle ½ unit of sand. He further submitted that there are no previous cases pending against the petitioner.

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It is seen that there are no previous cases pending 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 'Madras High Court Advocates Clerks Welfare Association, Indian Bank High Court Branch', A/C.No.484077244, IFSC Code. No. IDIB000M157 without prejudice to his rights and contentions before the trial Court.

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Merely, because the petitioner has deposited 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.10,000/(Rupees Ten Thousand only) as non-refundable deposit either through RTGS/NEFT or in cash in favour of ' ''Madras High Court Advocates Clerks Welfare Association, Indian Bank High Court Branch', A/C.No.484077244, IFSC Code. No. IDIB000M157, and on such payment and production of proof of deposit of the above amount, he shall 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 Principal Sessions Judge, Ariyalur, 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 the like sum to the satisfaction of the police officer who intends to arrest, failing which the petition for anticipatory bail shall stand dismissed automatically and on further condition that:

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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 daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for the interrogation.

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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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[f] On breach of any of the aforesaid conditions, the learned

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

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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].

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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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-sd/-

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03/02/2021

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This order, on being produced, be punctually observed and carried into execution by all concerned

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TRUE COPY

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Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104. TO 1 THE PRINCIPAL SESSIONS JUDGE, ARIYALUR. 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS. 3 THE INSPECTOR OF POLICE, THIRUMANUR POLICE STATION, ARIYALUR DIST. 4 MADRAS HIGH COURT ADVOCATES CLERKS WELFARE ASSOCIATION, HIGH COURT OF MADRAS, INDIAN BANK, HIGH COURT BRANCH, A/C NO.484077244, IFSC.NO.IDIB000M157

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+1 CC to M/S.C.PRABAKARAN Advocate on payment of necessary charges SR.NO.1139. CRL OP.1467/2021 Date :03/02/2021 ksm08/02/2021

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

Ayyarappan v. State Rep by

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Ayyarappan v. State Rep by

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