Allowed

K.Venkatachalam v. State Rep by

Madras HC4 Feb 2021CRL OP/1744/2021

Case brief

AI extract

What is this about?

The High Court of Madras granted anticipatory bail to a petitioner facing charges for illegal sand transport. The court imposed banking conditions, requiring payment to a charitable organization and execution of a bond with sureties.

What did the court decide?

Petitioner granted anticipatory bail subject to payment of donation, execution of bond with sureties, photography, and daily reporting.

K.Venkatachalam Vs State Rep by — Mining and Natural Resources | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 04.02.2021

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CORAM

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THE HON'BLE MR. JUSTICE V.BHARATHIDASAN

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Crl.O.P.No.1744 of 2021

K.Venkatachalam

.. Petitioner

Vs.

State rep by The Sub Inspector of Police, Arani Taluk Police Station, Thiruvannamalai District. .. Respondent

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Prayer: Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge the petitioner on bail in the event of arrest by the respondent police in Crime No.51 of 2021 on the file of the respondent police.

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For Petitioner : M/S.Kanimozhi

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For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor O R D E R

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(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 offences punishable under Section 379 & 430 of IPC r/w 21(1) of Mines & Minerals (Development and Regulation) Act, 1957, in Crime No. 51 of 2021, on the file of the respondent police, seeks anticipatory bail.

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2 It is the case of the prosecution that the petitioner is said to have illegally transported 2 units of sand by using tipper lorry without any valid licence. Hence, the case.

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3 The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he is falsely implicated in this case. He did not commit any offences as alleged by the prosecution. However, on instruction, he would further submit that taking into consideration the present Covid pandemic situation the petitioner is prepared to donate/pay some considerable amount to any charitable organization or association without prejudice to his defence and prays for grant of anticipatory bail.

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4 The learned Additional Public Prosecutor appearing for the respondent submitted that the quantity of sand involved is 2 units. He further submitted that there is no previous case pending against the petitioner. However, he opposed to grant anticipatory bail to https://hcservices.ecourts.gov.in/hcservices/ the petitioner.

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5 In order to curb the illegal sand mining activities and taking into consideration the voluntary submission made by the petitioner offering to donate/pay considerable amount to any charitable organization or association, this Court is of the opinion that the petitioner may be directed to donate/pay a sum of Rs.5,000/(Rupees Five Thousand only) to the Tamil Nadu Advocate Clerk Association, High Court Madras, Indian Bank, High Court Branch, A/c.No.484026006 IFSC.No. IDIB000M157, without prejudice to his right and contention before the trial Court.

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6 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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7 Taking note of the facts and circumstances and also considering that there is no previous antecedents against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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(a) The petitioner is directed to pay a sum of Rs.5,000/(Rupees Five Thousand only) either through RTGS/NEFT or in cash in favour of Tamil Nadu Advocate Clerk Association, High Court Madras, Indian Bank, High Court Branch, A/c.No.484026006 IFSC.No. 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 his appearance and on production of proof of payment of the above amount and on further condition that the petitioner shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten thousand only) each with two sureties 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 the petitioner shall also give a letter of undertaking before the respondent/police that the said amount has been paid in respect of particular organization.

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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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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 petitioners 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 abscond, a fresh FIR can be registered under Section 229A IPC.

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

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-sd/04/02/2021 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, ARANI 2 THE CHIEF JUDICIAL MAGISTRATE TIRUVANNANAMALAI(FOR INFORMATION) 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS. 4 THE SUB-INSPECTOR OF POLICE, ARANI TALUK POLICE STATION, TIRUVANNAMALAI DISTRICT.

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5 TAMIL NADU ADVOCATE CLERK ASSOCIATION, HIGH COURT MADRAS, INDIAN BANK, HIGH COURT BRANCH, A/C.NO.484026006 IFSC.NO. IDIB000M157, CC to M/S.KANIMOZHI Advocate on payment of necessary charges CRL OP.1744/2021 Date :04/02/2021 RVR 12/02/2021

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

K.Venkatachalam v. State Rep by

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K.Venkatachalam v. State Rep by

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