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Senu @ Senuvasan v. the State Rep by

Madras HC20 Dec 2021CRL OP/24995/2021

Case brief

AI extract

What is this about?

The High Court of Madras granted anticipatory bail to the petitioner facing charges for illegal transportation of river sand. The bail was conditioned upon depositing a sum with an association, providing sureties, reporting daily, and refraining from tampering with evidence or absconding.

What did the court decide?

Petitioner granted anticipatory bail subject to conditions including deposit of money, furnishing sureties, daily reporting, and prohibitions on absconding or tampering with evidence.

Senu @ Senuvasan Vs the State Rep by — Property and Title | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 20.12.2021

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CORAM

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THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI

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Crl.O.P.No.24995 of 2021

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Senu @ Senuvasan ... Petitioner

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The State represented by Inspector of Police, Kalambur Police Station, Tiruvannamalai District. (Crime No.749 of 2020) ... Respondent

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PRAYER: Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioner on bail in the event of his arrest in Cr.No.749 of 2020 pending investigation on the file of the respondent police.

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For Petitioner : Mr.N.Chinnaraj

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For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor

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ORDER

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The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 379, 430 of IPC r/w Section 21(5) of Mines & Minerals (Development & Regulation) Act, 1957, in Crime No.749 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 ¼ unit of river sand by using bullock cart, without any valid permission. Hence, the complaint.

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The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, on instructions, the learned counsel further submitted that the petitioner, on his own volition, is ready and willing to contribute a sum of Rs.3,000/- to the Registered Advocate Clerk Association, Polur. Hence, he prays for grant of anticipatory bail to the petitioner.

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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 illegally transported ¼ unit of river sand by using bullock cart, without any permission. He further submitted that there is no previous case pending against the petitioner. However, he vehemently opposed for grant of anticipatory bail to the petitioner.

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Considering the facts and circumstances of the case and also considering the submission made by the learned Additional Public Prosecutor, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Polur, 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

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[a] the petitioner is directed to deposit a sum of Rs.3,000/- (Rupees Three Thousand only) to the credit of the Registered Advocate Clerk Association, Polur, within a period of two weeks from the date of receipt of copy of this order, without prejudice to his defence before the trial Court and the learned Judicial Magistrate, after perusing the challan/ receipt, shall accept the sureties furnished by the petitioner;

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[b] the petitioner 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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[c] the petitioner is directed to report before the respondent police daily at 10.30 a.m., until further orders. .

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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 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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-sd/-

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20/12/2021

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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.

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1 THE JUDICIAL MAGISTRATE, POLUR.

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2 THE CHIEF JUDICIAL MAGISTRATE TIRUVANNAMALAI [FOR INFORMATION].

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3 THE INSPECTOR OF POLICE, KALAMBUR POLICE STATION, TIRUVANNAMALAI DISTRICT.

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4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

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5 THE REGISTERED ADVOCATE CLERK ASSOCIATION, POLUR.

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+1 CC to M/S.N.CHINNARAJ Advocate on payment of necessary charges SR.NO.15342

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JPA 28/12/2021

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

Senu @ Senuvasan v. the State Rep by

Case brief

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Senu @ Senuvasan v. the State Rep by

Case brief

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