Allowed

Manoharan v. State Rep by

Madras HC18 Jan 2021CRL OP/344/2021

Case brief

AI extract

What is this about?

Petitioner approached High Court under Section 438 CrPC seeking anticipatory bail in sand transport case. Court directed deposit of Rs. 10,000 as non-refundable fee to Tamil Nadu Advocate Clerk Association and granted bail on conditions including execution of bond, reporting, and non-tampering.

What did the court decide?

Grant of anticipatory bail subject to deposit of Rs. 10,000 non-refundable and execution of bond with two sureties.

Manoharan 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.344 of 2021

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Manoharan ... Petitioner/Accused

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-Vs-

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State rep by, The Inspector of Police, Uddanapalli Police Station, Krishnagiri District. (Crime No.384 of 2020) ... Respondent/Complainant

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Prayer: Criminal Original petition filed under Section 438 of Code of Criminal Procedure praying to release the petitioner on bail in the event of his arrest in Crime No.384 of 2020 on the file of the respondent police.

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For Petitioner : Mr.B.Aravinthan

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For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor

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ORDER

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(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 of IPC, in Crime No.384 of 2020, on the file of the respondent police, seeks anticipatory bail.

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The case of the prosecution is that on 25.11.2020, the petitioner has transported 2 units of M sand illegally by using mini tipper lorry bearing Registration No.TN-70-AA-4515, without any valid permission. Hence, the complaint.

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The learned counsel appearing for the petitioner would submit that the petitioner 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 prayed for grant of anticipatory bail. https://hcservices.ecourts.gov.in/hcservices/

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The learned Additional Public Prosecutor appearing for the respondent submitted that the petitioner has transported 2 Units of M Sand without valid permission. 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 are directed to deposit a sum of Rs.10,000/- (Rupees Ten 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.10,000/(Rupees Ten 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 Principal District and Session Judge, Krishnagiri, 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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