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Sathishkumar v. State Rep by

Madras HC15 Mar 2021CRL OP/4969/2021

Case brief

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What is this about?

The Madras High Court granted anticipatory bail to an accused facing charges for illegal sand transportation under IPC Sections 379 and 430, directing him to deposit ₹5,000 for charity and appear for interrogation while adhering to standard bail conditions.

What did the court decide?

Anticipatory bail granted subject to depositing ₹5,000 for charity, executing a ₹10,000 bond with two sureties, daily appearance for interrogation for two weeks, and prohibitions on tampering with evi

Sathishkumar Vs State Rep by — Cheque Dishonour | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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( Criminal Jurisdiction )

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Monday, the Fifteenth day of March Two Thousand Twenty One

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PRESENT

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The Hon`ble Mr Justice V. BHARATHIDASAN

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CRIMINAL ORIGINAL PETITION No.4969 of 2021

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SATHISHKUMAR [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ]

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THE INSPECTOR OF POLICE, PERANAMALLUR POLICE STATION, TIRUVANNAMALAI DISTRICT. (CR.NO.70/2021)

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For Petitioner : M/S.A.SARANRAJ Advocate

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For Respondent : M/S. S.KARTHIKEYAN, Additional Public Prosecutor

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PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

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ORDER : The Court Made the following order :-

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The petitioner apprehending arrest at the hands of the respondent police for the alleged offence under Sections 379 and 430 of IPC r/w Section 21(1) of Mines and Minerals (Development and Regulation) Act and 3(1) of TN Public Property (Prevent of Damage& Loss) Act, in Crime No.70 of 2021 on the file of the respondent police, seeks anticipatory bail.

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The case of the prosecution is that when the defacto complainant with his subordinates were conducting routine check-up, they intercepted the Tipper lorry of the petitioner and on inspection they found 1/2 units of river sand without any valid permit. Hence, the respondent police registered a case against the petitioner.

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The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he is in no way connected with the offence. He further submitted that he has been falsely implicated as accused in this case. However, on instructions, he submitted that without prejudice to his rights and contentions, he is prepared to detonate a considerable amount to charity and prays for grant of anticipatory bail. https://hcservices.ecourts.gov.in/hcservices/

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The learned Additional Public Prosecutor appearing for the respondent opposed the petition stating that the petitioner has indulged in transportation of river sand without having any valid license and hence, the respondent police had seized the vehicle with the smuggled sand.

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In order to curb the illegal transportation of mines and minerals and taking into consideration of the voluntary submission made by the petitioner offering to donate a considerable amount for charity, this Court is of the opinion that the petitioner may be directed to donate a sum of Rs.5,000/- (Rupees five Thousand only) to charity without prejudice to his rights and contentions before the trial Court. Merely, because the petitioner has donated some 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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Considering the facts and circumstances of the case, 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 deposit a sum of Rs.5,000/(Rupees five Thousand only) to the credit of Universal Peak Foundation, Nalla Goundayann Palayam, Coimbatore, having account at Indian Overseas Bank, Sokkampalayam Branch, (A/c.No.118901000002771, IFSC No.IOBA0001189), within fifteen (15) days from the date of receipt of a copy of this order without prejudice to his rights and contentions before the trial Court.

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(b) On such deposit, the petitioner is ordered to be released on bail, in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Principal District and Sessions Judge, Thiruvannamalai, on condition that the petitioner shall execute a 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

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(c) 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.

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(d) The petitioner shall appear before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter, as and when required for interrogation.

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(e) The petitioner shall not tamper with evidence or witness either during investigation or trial.

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(f) The petitioner shall not abscond either during investigation or trial. https://hcservices.ecourts.gov.in/hcservices/

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(g) 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]. (h) 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/15/03/2021 This order, on being produced, be punctually observed and carried into execution by all concerned

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TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104. TO 1 THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, TIRUVANNAMALAI. 2 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS. 3 THE INSPECTOR OF POLICE, PERANAMALLUR POLICE STATION, TIRUVANNAMALAI DISTRICT.

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4 UNIVERSAL PEAK FOUNDATION, NALLA GOUNDAYANN PALAYAM, COIMBATORE, INDIAN OVERSEAS BANK, SOKKAMPALAYAM BRANCH, (A/C.NO.118901000002771, IFSC NO.IOBA0001189).

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CC to M/S.A.SARANRAJ Advocate on payment of necessary charges

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CRL OP.4969/2021 Date :15/03/2021

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https://hcservices.ecourts.gov.in/hcservices/ MN-09/04/2021

Sathishkumar v. State Rep by

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Sathishkumar v. State Rep by

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