Allowed

Bharath Kumar v. Inspector of Police

Madras HC4 Oct 2021CRL OP/17514/2021

Case brief

AI extract

What is this about?

The High Court granted bail to an arrested petitioner and anticipatory bail to another for offences under PCB sections and T.N. Prohibition Act, conditionally requiring substantial non-refundable deposits towards lake desilting and submission of proof.

What did the court decide?

Petitioner in Crl.O.P.17514 released on bail with conditions; Petitioner in Crl.O.P.17547 granted anticipatory bail contingent upon making a ₹1,00,000 deposit.

Bharath Kumar Vs Inspector of Police — Property and Title | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 04.10.2021

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CORAM:

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THE HON'BLE MR.JUSTICE M.DHANDAPANI

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Crl.O.P.Nos.17514 and 17547 of 2021

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Bharath Kumar ... Petitioner in Crl.O.P.No.17514 of 2021

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Rajiv @ Rajivgandhi .... Petitioner in Crl.O.P.No.17547 of 2021

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Vs.

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State.rep by, The Inspector of Police, PEW-Panruti Police Station, Cuddalore District. (Crime No.1114 of 2021) ... Respondent in both the crl.O.P's

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PRAYER in Crl.O.P.No.17514 of 2021: Criminal Original Petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioner on bail pending investigation in Crime No.1114 of 2021 on the file of the respondent police.

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PRAYER in Crl.O.P.No.17547 of 2021: Criminal Original Petition has been filed under Section 438 of Cr.P.C, prayed to enlarge the petitioner on bail in the event of arrest pending investigation in Crime No.1114 of 2021 on the file of the respondent police.

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( In both the petitions)

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For Petitioner : Mr.S. Saravana Kumar

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For Respondent : Mr.A.Gopinath Government Advocate (Crl side)

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COMMON ORDER

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The petitioner in Crl.O.P.No.17514 of 2021 who was arrested on 28.08.2021 and remanded to judicial custody for the offences punishable under Section 465, 468, 470 of I.P.C r/w 4(1)(aaa), 4(1-A) and 14A T.N. Prohibition Act, in Crime No.1114 of 2021 on the file of the respondent police, seek bail.

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The petitioner in Crl.O.P.No.17547 of 2021 apprehends arrest at the hands of respondent police for the offences punishable under Section 465, 468, 470 of I.P.C r/w 4(1)(aaa), 4(1-A) and 14A T.N. Prohibition Act, in Crime No.1114 of 2021 on the file of the respondent police, seek bail. https://hcservices.ecourts.gov.in/hcservices/

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Totally there are 4 accused in this case. The case of the prosecution is that when the respondent police was on regular checkup they found that the petitioners along with other accused persons was found in illegal possession of 180 ml of Honey Bee in 12 Bottles, 18 boxes of Brandy in Copper Barrel and 100 liters of illicit arrack. Hence the complaint.

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The respective learned counsel for the petitioners submitted that the petitioners are in no way connected with the alleged offence and they have been falsely implicated in this case and the petitioner in Crl. O.P. No.17514/21 has been in jail from 28.08.2021. However, on instructions, the learned counsel further submits that the petitioner in Crl.O.P.No.17514 of 2021, without prejudice his rights, on his own volition, is ready to deposit an amount of Rs.25,000/for the purpose of desilting and renovating the Ulundurpet Keeranur Lake (U-Keeranur Lake) in Kallakurichi District. The learned counsel for the petitioner in Crl.O.P.No.17547 of 2021, submits that the petitioner, without prejudice his rights, on his own volition, is ready to deposit an amount of Rs.1,00,000/- for the purpose of desilting and renovating the Ulundurpet Keeranur Lake (U-Keeranur Lake) in Kallakurichi District. Further, it is submitted by the learned counsel for the petitioner seeking bail that since the learned counsel is a native of Uldudurpet, he may be permitted to monitor the desilting works, which would be undertaken by the Tahsildar in co-ordination with the Executive Officer. Accordingly, prayer is made for grant of bail/anticipatory bail to the respective petitioner.

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Considering the period of incarceration suffered by the petitioner and taking into account the fact that the petitioners, on their own volition are inclined to contribute the above sums for the purpose of desilting the water body, this Court is inclined to grant bail/anticipatory bail to the petitioners subject to the following conditions:

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Accordingly, the petitioner in Crl.O.P.No.17514 of 2021 is ordered to be released on bail on his executing a separate 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 Judicial Magistrate No.I, Panruti and on further condition that:

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Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate No.I, Panruti, 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 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 and on further condition that:

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(a) the petitioner in Crl.O.P.No.17514 of 2021 shall make a https://hcservices.ecourts.gov.in/hcservices/ non refundable deposit of Rs.25,000/- by way of demand draft

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drawn in favour of The Tahsildar, Ulundurpet Taluk, Kallakurichi District for the purpose of desilting and maintaining of Ulundurpet Keeranur Lake (U-Keeranur Lake) in Kallakurichi District, and the Tahsildar in co-ordination with the Executive Officer, Ulundurpet Town Panchayat, and in the presence of the learned counsel for the petitioner, shall undertake the work of desilting. The said payment shall be without prejudice to the petitioner's defence before the trial Court and the petitioner is directed to submit proof of payment of the said amount before the aforesaid learned Judicial Magistrate, who after perusing the challan/ receipt/acknowledgment, shall accept the sureties furnished by the petitioner;

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(b) the petitioner in Crl.O.P.No.17547 of 2021 shall make a non refundable deposit of Rs.1,00,000/- by way of demand draft drawn in favour of The Tahsildar, Ulundurpet Taluk, Kallakurichi District for the purpose of desilting and maintaining of Ulundurpet Keeranur Lake (U-Keeranur Lake) in Kallakurichi District, and the Tahsildar in co-ordination with the Executive Officer, Ulundurpet Town Panchayat, shall undertake the work of desilting. The said payment shall be without prejudice to the petitioner's defence before the trial Court and the petitioner is directed to submit proof of payment of the said amount before the aforesaid learned Judicial Magistrate, who after perusing the challan/ receipt/acknowledgment, shall accept the sureties furnished by the petitioner;

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(c)the sureties 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;

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(d)the petitioners shall report before the respondent police, daily at 10.30 a.m. until further orders;

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(e)the petitioners shall not tamper with evidence or witness either during investigation or trial;

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(f)the petitioners shall not abscond either during investigation or trial;

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(g)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 has 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;

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

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

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-sd/04/10/2021

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

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Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

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TO 1 THE JUDICIAL MAGISTRATE NO.I, PANRUTI. 2 THE CHIEF JUDICIAL MAGISTRATE CUDDALORE [FOR INFORMATION] 3 INSPECTOR OF POLICE PEW-PANRUTI POLICE STATION, CUDDALORE DISTRICT.

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4 THE SUPERINTENDENT, CENTRAL PRISON,CUDDALORE.

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5 THE TAHSILDAR, ULUNDURPET TALUK, KALLAKURICHI DISTRICT.

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6 THE EXECUTIVE OFFICER, ULUNDURPET TOWN PANCHAYAT, KALLAKURICHI DISTRICT. 7 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

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CC to M/S. S.SARAVANA KUMAR Advocate on payment of necessary charges

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CRL OP.17514 & 17547/2021 Date :04/10/2021 CSK 05/10/2021

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

Bharath Kumar v. Inspector of Police

Case brief

What is this about?

What did the court decide?

Bharath Kumar v. Inspector of Police

Case brief

What is this about?

What did the court decide?

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