Allowed

Gokulnath v. State Rep by

Madras HC18 Jan 2021CRL OP/326/2021

Case brief

AI extract

What is this about?

The Madras High Court granted anticipatory bail to the petitioner arrested under Section 379 IPC and Mines Act. The court imposed conditions including a non-refundable deposit of Rs.25,000 and a bond of Rs.10,000 with sureties, reporting requirements, and restrictions on tampering with evidence or absconding.

What did the court decide?

Anticipatory bail granted subject to deposit of Rs.25,000, bond of Rs.10,000 with sureties, and other conditions regarding reporting and non-absconding.

Gokulnath Vs State Rep by — Anticipatory Bail | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 18.01.2021

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CORAM:

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THE HON'BLE MR.JUSTICE V.BHARATHIDASAN

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Crl.O.P.No.326 of 2021

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Gokulnath ... Petitioner/Accused -VsState by, ... Respondent/Complainant Inspector of Police, F1- Gummidipoondi Police Station, Thiruvallur District. (Crime No.2285 of 2020) Prayer : Criminal Original petition filed under Section 438 of Code of Criminal Procedure praying to enlarge the petitioner on bail in the event of his arrest in Crime No.2285 of 2020 on the file of the respondent police.

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For Petitioner : Mr.S.Sasikumar For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor ORDER (Heard through video conference)

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The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Section 379 IPC and Section 21(1) of Mines and Minerals (Development Regulation Act), 1957 in Crime No.2285 of 2020, on the file of the respondent police, seeks anticipatory bail.

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2.There are totally two accused, the petitioner is ranked as A1. The case of the prosecution is that the petitioner along with his driver have illegally transported 8 cubes of silica sand by using lorry bearing Registration No.TN-18-AX-2919 from Andhra Pradesh for industrial purpose, without any valid license. Hence, the complaint.

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The learned counsel appearing for the petitioner would submit that the petitioner is the owner of the lorry and he is an innocent person and he has been falsely implicated in this case. On instruction, he would further submit that the petitioner is prepared to deposit some considerable amount to any charitable organization or association without prejudice to his contention and https://hcservices.ecourts.gov.in/hcservices/ prayed for grant of anticipatory bail.

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The learned Additional Public Prosecutor appearing for the respondent submitted that the petitioner along with his driver have transported 8 cubes of silica sand without valid permit. He further submitted that there are no previous cases pending against the petitioner.

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It is seen that there are no previous cases pending against the petitioner and in order to curb the illegal sand mining activities, this Court is of the opinion that the petitioner is directed to deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) as non refundable deposit to 'The Tamil Nadu Advocate Clerk Association, Indian Bank High Court Branch', A/C.No.484026006, IFSC Code. No. IDIB000M157 without prejudice to his rights and contentions 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, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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(a) The petitioner is directed to deposit a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) as non-refundable deposit either through RTGS/NEFT or in cash in favour of ''The Tamil Nadu Advocate Clerk Association, Indian Bank High Court Branch', A/C.No.484026006, IFSC Code. No. IDIB000M157, and on such payment and production of proof of deposit of the above amount, he shall be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned District Munsif Cum Judicial Magistrate, Gummidipoondi, 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 the like sum to the satisfaction of the police officer who intends to arrest, failing which the petition for anticipatory bail shall stand dismissed automatically 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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[c] the petitioner shall report before the respondent police 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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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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With the above directions, this Criminal Original Petition is ordered.

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-sd/-
18/01/2021
This order, on being produced, be punctually observed and carried
into execution by all concerned
TRUE COPY
Sub-Assistant Registrar (Statistics/C.S.)
High Court, Madras - 600 104.
TO
1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE,
GUMMIDIPOONDI.
2 THE CHIEF JUDICIAL MAGISTRATE,
THIRUVALLUR [FOR INFORMATION].
3 THE PUBLIC PROSECUTOR
HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE,
F-1 GUMMIDIPOONDI POLICE STATION,
THIRUVALLUR DISTRICT.
5 THE TAMIL NADU ADVOCATE CLERK ASSOCIATION,
INDIAN BANK HIGH COURT BRANCH,
A/C.NO.484026006, IFSC CODE. NO. IDIB000M157
CC to M/S.S.SASIKUMAR Advocate on payment of necessary
charges

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CRL OP.326/2021 Date :18/01/2021

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https://hcservices.ecourts.gov.in/hcservices/ MN-27/01/2021

Gokulnath v. State Rep by

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Gokulnath v. State Rep by

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