Partly allowed

D.Yuvaraj v. State by

Madras HC10 Feb 2021CRL OP/20953/2020

Case brief

AI extract

What is this about?

The High Court of Madras disposed of two Criminal Original Petitions filed for anticipatory bail under Section 438 CrPC in connection with Crime No.31 of 2018. The court dismissed the petition for two petitioners in one case who were already in judicial custody. It granted bail to the first petitioner of that case and all petitioners in the other case subject to strict conditions including daily r

What did the court decide?

Anticipatory bail granted to the 1st petitioner in Crl.O.P.No.1521 of 2021 and all petitioners in Crl.O.P.No.20953 of 2020 on conditions of daily reporting, issuance of separate bonds with sureties, a

D.Yuvaraj Vs State by — Bail and Remand | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 10.02.2021

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CORAM:

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THE HON'BLE MR.JUSTICE V.BHARATHIDASAN

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Crl.O.P.No.20953 of 2020

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and Crl.O.P.No.1521 of 2021

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Crl.O.P.No.20953 of 2020

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D.Yuvaraj
2. A.Ashok Kumar
3. S.Antony D Cruz
4. C.Thyagarajan
5. H.Khadar Baza
6. A.Karuppusamy ... Petitioners
-Vs-
State by:
Inspector of Police,
Railway Protection Force,
Chennai Central, Chennai.
(Crime No.31 of 2018) ... Respondent
Crl.O.P.No.1521 of2021
1. Johu Samuel
2. Peter Jones
3. Sarath Babu ... Petitioners
-Vs-
Union of India
Rep by Inspector of Police,
Railway Protection Force,
Chennai Central, Chennai.
Chennai – 600 003. ... Respondent

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Common Prayer: Criminal Original Petitions filed under Section 438 of Code of Criminal Procedure praying to enlarge the petitioners on bail in the event of their arrest in Crime No.31 of 2018 is pending on the file of the respondent police.

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For Petitioners : Mr.Sundar Mohan (in Crl.O.P.No.20953 of 2020) For Mr.K.R.Ramesh kumar

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For Petitioners : Mr.D.Muthukumarappa (in Crl.O.P.No.1521 of 2021)

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For Respondent : Mr.P.T.Ramkumar https://hcservices.ecourts.gov.in/hcservices/ (in both petitions) Standing counsel

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COMMON ORDER

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The petitioners, who apprehend arrest for the alleged offences under Sections 3 (a) of the Railway Property (Unlawful Possession) amended Act 2012, in Crime No.31 of 2018, on the file of the respondent/Police, seek anticipatory bail.

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The Petitioners in Crl.O.P.No.1521 of 2021 are the owners of the goods in JP Cargo Movers, they are engaged in booking goods in the railways. The petitioners in Crl.O.P.No.20953 of 2020 are the employees of the Southern Railways who are working in the parcel office of Southern Railway. The case of the prosecution is that they/A1 to A3 booked 30 bundles containing textile cloth in the southern railway to be despatched to Howrah and paid entire charges for them and all the bundles were dispatched to Howrah. Subsequently, by using the very same invoice, they are trying to sent another 11 bundles in the next day train. After enquiry the concerned authority had kept the 11 bundles in the parcel office. Thereafter, with the help of these petitioners in Crl.O.P.No.20953 of 2020 who are the employees in the Parcel office, A1 to A4 without permission from the authority removed the Parcel. Hence, the complaint was registered.

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Mr.Sundar Mohan, learned counsel appearing for the petitioners in Crl.O.P.No.20953 of 2020 would submit that the petitioners are employed in the parcel office and the Parcels were booked under the invoice issued by the Concerned Officer and they have only loaded the goods as per invoice. He would further submit that the petitioners are innocent persons and they are no way connected with the alleged offence and they have been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioners.

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D.Muthukumarappa, the learned counsel for the petitioners in Crl.O.P.No.1521 of 2021 would submit that the petitioners are the booking agents of the goods and originally 30 bundles were booked and only 19 bundles were despatched on the previous day and remaining 11 bundles sought to be despatched on the next day train. He would further submit that without verifying the same, the authorities have been wrongly taken action against the petitioners and the case has been registered. Hence, he prays to grant anticipatory bail to the petitioners.

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Mr.P.T.Ramkumar, the learned standing counsel appearing for the respondent would submit that all the petitioners conspired together and committed the offence continuously for several times. During investigation, it reveals that 30 bundles were already dispatched on earlier date, once again 11 bundles are sought to be despatched on the next day by using the very same invoice. He would further submit that the additional 11 bundles were seized by the Railway officials, which was taken away by all the accused without the knowledge of the authority. He would further submit that the petitioners have continuously involved in these kind of offence, the https://hcservices.ecourts.gov.in/hcservices/ custodial interrogation of the petitioners are very much required.

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Considering the rival submissions, the allegation is that the petitioners have conspired together thereby sending the goods by using the expired vouchers, occurrence took place in the year 2018. The employers of the petitioners in Crl.O.P.No.20953 of 2020 had initiated departmental enquiry against them, and an departmental enquiry is pending, that apart in respect of the petitioners in Crl.O.P.No.1521 of 2021, 2^nd and 3^rd petitioners have already been arrested and the 1^st petitioner is the booking agent.

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Now it is stated that the 2^nd and 3^rd petitioners in Crl.O.P.No.1521 of 2021 have been arrested and remanded to judicial custody. Hence, this Crl.O.P.No.1521 of 2020 is dismissed as against the 2^nd and 3^rd petitioners. Considering the facts and circumstances of the case, this court is inclined to grant anticipatory bail to the 1^st petitioner in Crl.O.P.No.1521 of 2021 and to all the petitioners in Crl.O.P.No.20953 of 2020 with certain conditions.

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Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the XVI M.M. Court, George Town, Chennai, on condition that the petitioners shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which this petition for anticipatory bail shall stand dismissed and on further condition that:

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[a] the petitioners and the sureties shall affix his 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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[b] the petitioners in Crl.O.P.No.20953 of 2020 shall report before the respondent Police daily at any time between 8.00 a.m., and 6.00 p.m., until further orders.

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[c] the petitioner in Crl.O.P.No1521 of 2021 shall report before the respondent police daily at 10.30 a.m., until further orders.

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[d] the petitioners shall not tamper with evidence or witness either during investigation or trial.

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[e] the petitioners shall not abscond either during investigation or trial.

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