This court granted anticipatory bail to a petitioner charged with illegally transporting sand. The court ordered a non-refundable deposit to a trust and imposed strict conditions regarding reporting, sureties, and non-absconding.
Anticipatory bail granted subject to a non-refundable deposit and conditions including daily reporting and a bond with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Tuesday, the Sixteenth day of March Two Thousand Twenty One PRESENT
The Hon`ble Mr Justice V. BHARATHIDASAN CRIMINAL ORIGINAL PETITION No.5168 of 2021
M.PAPPAIYAA [ PETITIONER / ACCUSED ]
Vs
STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, MATHIGIRI POLICE STATION, KRISHNAGIRI DISTRICT (CRIME NO.512 OF 2020)
For Petitioner : M/S.B.ARAVINTHAN Advocate
For Respondent : MR. S.KARTHIKEYAN, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :-
The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 379 of I.P.C in Crime No.512 of 2020, on the file of the respondent police, seeks anticipatory bail.
4.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 is no previous case pending against the petitioner. Hence, he opposed for grant of anticipatory bail to the petitioner.
(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 “Chitralaya Seva Trust (Children), Vishnupuram, Chitharal - 629151, Kanyakumari District, State Bank of India, Arumanai A/C.No: 11287812403, IFSC Code: SBIN0002199, 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 Sessions 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:
[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.
[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.
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioner shall not abscond either during investigation or trial.
[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].
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
-sd/16/03/2021 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 PRINCIPAL DISTRICT AND SESSION JUDGE, KRISHNAGIRI. 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS. 3 THE INSPECTOR OF POLICE, MATHIGIRI POLICE STATION, KRISHNAGIRI DISTRICT 4 CHITRALAYA SEVA TRUST (CHILDREN), VISHNUPURAM, CHITHARAL - 629151, KANYAKUMARI DISTRICT, STATE BANK OF INDIA, ARUMANAI A/C.NO: 11287812403, IFSC CODE: SBIN0002199
+1CC to M/S.B.ARAVINTHAN Advocate on payment of necessary charges SR NO.3514 CRL OP.5168/2021
Date :16/03/2021 MK:29/03/2021
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner conditioned upon a non-refundable social deposit?
What conditions should be imposed for the release of the accused on anticipatory bail?
Colour shows how this judgement treated each authority
P.K.Shaji vs. State of KeralaReferred¶23
P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560] · Who else cites this
2 provisions across 2 enactments
M.PAPPAIYAA
STATE REP BY INSPECTOR OF POLICE, MATHIGIRI POLICE STATION
V. BHARATHIDASAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
V. BHARATHIDASAN
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