Allowed

Jayavel v. State Rep by

Madras HC21 Dec 2021CRL OP/25159/2021

Case brief

AI extract

What is this about?

The Hon'ble Single Judge granted anticipatory bail to the petitioner, Jayavel, who faced charges under Section 379 and 430 of IPC regarding illegal sand transport. The petitioner offered a deposit of Rs. 15,000 to the Registered Advocate Clerk Association. Bail granted conditional, including a deposit of Rs. 15,000 to the association, reporting every Sunday, no tampering, and no absconding.

What did the court decide?

Petitioner released on bail event of arrest subject to deposit of Rs. 15,000 to Registered Advocate Clerk Association, bond with sureties, reporting weekly, and adherence to conditions.

Jayavel Vs State Rep by — Narcotics (NDPS) | Madras HC (2021)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED 21.12.2021

¶3

CORAM

¶4

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI

¶5

CRL.O.P.No.25159 of 2021

Jayavel

... Petitioner

State Rep by

The Inspector of Police, Kanakamma Chatram Police Station, Tiruvallur District.

¶10

(Crime No.570 of 2021) ... Respondent

¶11

Prayer:-Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure seeking to enlarge the petitioner on anticipatory bail in the event of their arrest in Crime No.570 of 2021 pending investigation on the file of the respondent police.

¶12

For Petitioner :M/S.P.Suresh Kumar

¶13

For Respondent :Mr.A.Gokulakrishnan

¶14

Additional Public Prosecutor

¶15

The petitioner, who apprehends arrest for the alleged offence under Section 379, 430 of IPC r/w Section 21(1) of Mines and Minerals (Development & Regulation) Act, 1957 in Crime No.570 of 2021 on the file of the respondent police, seeks anticipatory bail.

¶16

It is the case of the prosecution that the petitioner is alleged to have illegally transported 1 unit of river sand in tractor connected with tipper.

¶17

The learned counsel appearing for the petitioner would submit 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.15,000/- to the credit of the Registered Advocate Clerk Association, Thiruvallur District that may be imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioner.

¶18

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

¶19

The learned Additional Public Prosecutor appearing for the respondent submitted that the petitioner has illegally transported 1 unit of river sand in tractor connected with tipper. He further submits that there are two previous cases pending against the petitioner.

¶20

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.

¶21

Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Tiruthani, 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:

¶22

[a] the petitioner is directed to deposit a sum of Rs.15,000/(Rupees Fifteen Thousand only) to the credit of the Registered Advocate Clerk Associatio n, Thiruvallur District, within a period of two weeks from the date of receipt of a copy of this order and shall produce the said receipt before the Court below.

¶23

[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.

¶24

[c] the petitioner is directed to report before the respondent police on every Sunday at 10.30 a.m., until further orders; .

¶25

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

¶26

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

¶27

[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].

¶28

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

¶29

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

¶30

-sd/21/12/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY

¶31

Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104. TO 1 THE JUDICIAL MAGISTRATE, TIRUTHANI 2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR(FOR INFORMATION) 3 THE INSPECTOR OF POLICE, KANAKAMMA CHATRAM POLICE STATION, TIRUVALLUR DISTRICT.

¶32

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS. 5 THE REGISTERED ADVOCATE CLERK ASSOCIATION, THIRUVALLUR CC to M/S.P.SURESH KUMAR Advocate on payment of necessary charges

¶33

CRL OP.25159/2021 Date :21/12/2021 RVR 28/12/2021

¶34

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

Jayavel v. State Rep by

Case brief

What is this about?

What did the court decide?

Jayavel v. State Rep by

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

K.Pandiyarajan Vs the State Repby

Sundaram Vs State Rep by

Premanathan Vs State Rep by

Rakesh Babu Vs the State

Aasaithambi Vs the State Rep by

R.Dilip Kumar Vs State Rep by