Allowed

Ayyadurai @ Ettupatti v. State by

Madras HC11 Feb 2021CRL OP/2393/2021

Case brief

AI extract

What is this about?

In Crl.O.P.No.2393 of 2021, the High Court granted anticipatory bail to four petitioners alleged of illegally transporting river sand under the Tamilnadu Mines Act and IPC. The Court imposed standard conditions including execution of a bond, reporting, and prohibition of absconding or tampering with evidence, referencing P.K. Shaji.

What did the court decide?

Petitioners granted anticipatory bail to be released upon arrest or appearance within 15 days before District and Sessions Judge, Ariyalur, on execution of bond and compliance with conditions.

Ayyadurai @ Ettupatti Vs State by — Property and Title | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 11.02.2021

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CORAM :

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THE HON'BLE MR. JUSTICE V. BHARATHIDASAN

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Crl.O.P.No.2393 of 2021

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Ayyadurai @ Ettupatti

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Ramesh

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Balakrishnan 4. Sankar .. Petitioners Vs. State Rep.by the Inspector of Police, Vickramangalam Police Station, Ariyalur District. (Crime No.14 of 2021) ... Respondent PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to grant anticipatory bail to the petitioners in the event of arrest in connection with Crime No.14 of 2021 pending investigation on the file of the respondent police herein.

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For Petitioners : Mr.P.Parthikannan For Respondent : Mr.S.Karthikeyan Addl. Public Prosecutor O R D E R (The case has been heard through video conference)

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The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Section Section 21(1) of the Tamilnadu Mines and Minerals (Development and Regulation) Act, 1957 and Section 379 of IPC, in Crime No.14 of 2021, on the file of the respondent police, seek anticipatory bail.

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The case of the prosecution is that the petitioners had transported 1/4 of river sand illegally by using bullock cart, without any valid licence. Hence, the complaint.

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The learned counsel appearing for the petitioner would submit that the petitioners are innocent persons and they have been falsely implicated in this case. Hence, he prayed for grant of anticipatory bail.

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The learned Additional Public Prosecutor appearing for the respondent submitted that the quantity of river sand involved is ¼ unit. He further submitted that there are no previous cases pending against the petitioners.

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

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Taking into consideration, the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with the following 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 learned District and Sessions Judge, Ariyalur on condition that the petitioners shall execute a bond for a sum of Rs.10,000/each (Rupees ten thousand only), with two sureties 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, the petition for anticipatory bail shall stand dismissed and on further condition that:

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[a] the petitioners and 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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[b] the petitioners shall report before the respondent police as and when required for interrogation.

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

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

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[e] 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].

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[f] If the accused persons thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

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