Allowed

Prakash v. State by

Madras HC17 Mar 2021CRL OP/5256/2021

Case brief

AI extract

What is this about?

The High Court of Madras granted anticipatory bail to the petitioner facing charges of illegal sand transportation under IPC Section 379 and the Mines Act. The order conditioned bail on the non-refundable deposit of Rs.10,000 to a charitable trust, execution of a bond with sureties, daily reporting for two weeks, and appearance before the trial court.

What did the court decide?

Anticipatory bail granted conditioned on deposit of Rs.10,000 non-refundably, execution of bond with sureties, daily police reporting for two weeks, and appearance before the trial court within 15 day

Prakash Vs State by — Bail and Remand | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 17.03.2021

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CORAM:

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THE HON'BLE MR.JUSTICE V.BHARATHIDASAN

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Crl.O.P.No.5256 of 2021

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Prakash ... Petitioner

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-Vs-

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State by ... Respondent The Inspector of Police, Palacode Police Station, Dharmapuri District. (Crime No.91 of 2021)

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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.91 of 2021 pending investigation on the file of the respondent police.

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For Petitioner : Mr.M.Jayachandran

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For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor

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ORDER

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(The case has been heard through video conference)

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The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 379 of IPC and 21 (4) of Mines and Minerals (Development & Regulation) Act 1957, in Crime No.91 of 2021, on the file of the respondent police, seeks anticipatory bail.

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The case of the prosecution is that the petitioner had illegally transported one unit of sand by using Tractor bearing Registration No.TN29-BU-8940, 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.

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The learned Additional Public Prosecutor appearing for the respondent submitted that the petitioner had illegally transported https://hcservices.ecourts.gov.in/hcservices/ one unit of sand by using Tractor bearing Registration No.TN29-BU-

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8940, without any valid permission. He would submit that the respondent police have seized the said vehicle along with one unit of sand. He further submitted that there is no previous case pending as against the petitioner.

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It is seen that there is no previous case pending as 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.10,000/- (Rupees Ten Thousand Only) as non refundable deposit to “Kaakkum Karangal, ICICI, Santhome High Road, Santhome Branch, Chennai– 28, ICICI Bank, A/C.No: 000101219273, IFSC Code: ICIC0003432” 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 “Kaakkum Karangal, ICICI, Santhome High Road, Santhome Branch, Chennai – 28, ICICI Bank, A/C.No: 000101219273, IFSC Code: ICIC0003432” 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 Judicial Magistrate, Palacode, 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 https://hcservices.ecourts.gov.in/hcservices/ Magistrate/Trial Court is entitled to take appropriate action against

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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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This order, on being produced, be punctually observed and carried into execution by all concerned

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Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

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1 THE JUDICIAL MAGISTRATE, PALACODE.

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2 THE CHIEF JUDICIAL MAGISTRATE, DHARMAPURI [FOR INFORMATION].

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3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

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4 THE INSPECTOR OF POLICE, PALACODE POLICE STATION, DHARMAPURI DISTRICT.

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5 KAAKKUM KARANGAL, ICICI, SANTHOME HIGH ROAD, SANTHOME BRANCH, CHENNAI – 28, ICICI BANK, A/C.NO: 000101219273, IFSC CODE: ICIC0003432

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+1 CC to M/S.M.JAYACHANDRAN Advocate on payment of necessary charges SR NO. 3552

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https://hcservices.ecourts.gov.in/hcservices/ MN-24/03/2021

Prakash v. State by

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Prakash v. State by

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