Partly allowed

Raji v. State Rep by

Madras HC24 Feb 2021CRL OP/3180/2021

Case brief

AI extract

What is this about?

In a Cree OP filed under Section 438 CrPC, the petitioner was granted anticipatory bail for alleged offences under IPC 379 and the Mines and Minerals Act relating to illegal sand transport. The court imposed conditions including a deposit for a charity, retention of sureties, and daily police reporting.

What did the court decide?

Anticipatory bail granted subject to payment of sums to charity and court, execution of bond with sureties, and strict adherence to reporting and non-absconding conditions.

Raji Vs State Rep by — Quashing and FIR | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 24.02.2021

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CORAM :

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THE HON'BLE MR. JUSTICE V.BHARATHIDASAN

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Crl.O.P.No.3180 of 2021

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Raji ... Petitioner

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Vs.

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State rep. by its The Inspector of Police, Thiruvenkadu Police Station, Nagapattinam District.

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... Respondent

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(Crime No.124 of 2020)

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PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioners on bail in the event of his arrest in Crime No.124 of 2020, on the file of the respondent.

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For Petitioner : Mr.B.Jawahar

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For Respondent : Mr.S.Karthikeyan, APP

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ORDER

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(The case has been heard through video conference)

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The petitioner apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 379 of I.P.C. r/w Section 21 (1) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No. 124 of 2020, on the file of the respondent police, and now, he has filed this petition seeking to grant anticipatory bail.

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The case of the prosecution is that the petitioner is a owner of the tractor. On the date of occurrence, while the respondent police was in regular ride, they found that the petitioner said to have transported ½ unit of gravel sand in his tractor without having valid bill and transit permit. Hence, the criminal case has been registered against the petitioner.

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The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he is no way connected with the offence. He would submit that he has been falsely https://hcservices.ecourts.gov.in/hcservices/ implicated as accused in this case. On instruction, he would further

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submit that without prejudice to his right and contentions, he is prepared to deposit/pay some considerable amount to any charitable organization or association and prays for grant of anticipatory bail.

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The learned Additional Public Prosecutor appearing for the respondent submitted that the petitioner has transported ½ unit of gravel sand in his tractor illegally without having valid license. He would submit that there is no previous case pending against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

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In order to curb the illegal transportation of gravel sand and taking into consideration of the voluntary submission made by the petitioner offering to deposit or to pay considerable amount to any charitable organization or association, this Court is of the opinion that the petitioner may be directed to deposit/pay a sum of Rs.5,000/- (Rupees Five Thousand only) to the Children Home for Boys under Surabhi Trust, 33/10,1^st Street, Kumarasamy Nagar, Villivakkam, Chennai-49 A/c. No. 0918101041708, IFSC. No.CNRB00000918, without prejudice to his right and contention before the trial Court.

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Merely, because the petitioner has deposited the said amount, it would not amount to admission of his guilt. Therefore, it is open to the trial Court to deal with the case independently.

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Taking note of the facts and circumstances and also considering the fact that there is no previous antecedents against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions :-

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(a) The petitioner is directed to pay a sum of Rs.15,000/(Rupees Fifteen Thousand only) either through RTGS/NEFT or in cash in favour of Rs.5,000/- (Rupees Five Thousand only) to the Children Home for Boys under Surabhi Trust, 33/10, 1^st Street, Kumarasamy Nagar, Villivakkam, Chennai-49 A/c. No. 0918101041708, IFSC. No.CNRB00000918, within fifteen (15) days from the date of receipt of a copy of this order. On such deposit, the petitioner is ordered to be released on bail in the event of his arrest or his appearance before the learned Judicial Magistrate, Sirkazhi, on condition that the petitioner shall execute a separate bond for a sum of Rs.10,000/- (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, and on further condition that:

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[b] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the respondent/police may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

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

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[c] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for the interrogation.

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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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[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 petitioners 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 abscond, a fresh FIR can be registered under Section 229A IPC.

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With the above directions, this Criminal Original Petition is ordered.

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-sd/-
24/02/2021

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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. TO

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1 THE JUDICIAL MAGISTRATE, SIRKAZHI.

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2 THE CHIEF JUDICIAL MAGISTRATE, NAGAPATTINAM [FOR INFORMATION].

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3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

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4 THE INSPECTOR OF POLICE, THIRUVENKADU POLICE STATION, NAGAPATTINAM DISTRICT. https://hcservices.ecourts.gov.in/hcservices/

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5 CHILDREN HOME FOR BOYS UNDER SURABHI TRUST, 33/10, 1ST STREET, KUMARASAMY NAGAR, VILLIVAKKAM, CHENNAI – 600049, (A/C.NO.0918101041708, IFSC NO.CNRB0000918)

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CC to M/S.B.JAWAHAR Advocate on payment of necessary charges

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CRL OP.3180/2021
Date :24/02/2021
MN-09/03/2021

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

Raji v. State Rep by

Case brief

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Raji v. State Rep by

Case brief

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