Allowed

Samu @ Samannan v. the State Rep by

Madras HC19 Jan 2021CRL OP/437/2021

Case brief

AI extract

What is this about?

Single judge of Madras High Court allowed an anticipatory bail petition under Section 438 CrPC regarding illegal sand transportation. Court directed a non-refundable deposit and imposed strict conditions including daily police reporting, sureties, and prohibitions on tampering with evidence or absconding.

What did the court decide?

Anticipatory bail granted subject to deposit of Rs.10,000, provision of sureties, daily police reporting for two weeks, and adherence to specific bail conditions.

Samu @ Samannan Vs the State Rep by — Narcotics (NDPS) | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 19.01.2021

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CORAM :

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THE HON'BLE MR. JUSTICE V. BHARATHIDASAN

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Crl.O.P.No.437 of 2021

Samu @ Samannan

.. Petitioner

State represented by The Inspector of Police, Thiruppathur Taluk Police Station, Vellore District. (Crime No.818 of 2020) ... Respondent

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PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on in the event of his arrest or on his appearance in Crime No.818 of 2020, on the file of the respondent police.

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The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 379 and 430 of IPC, r/w Section 21(1) of the Tamilnadu Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.818 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 transported one unit of river sand illegally by using a vehicle, bearing Registration No.TN-23-BR-1127, without any valid licence. 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.

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The learned Additional Public Prosecutor appearing for the respondent submitted that the quantity of river sand involved is one unit. He further submitted that there are no previous case pending against the petitioner.

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

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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.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 Judicial Magistrate No.II, Thiruppathur, 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 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 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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https://hcservices.ecourts.gov.in/hcservices/

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

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