Allowed

Kalaiyarasan v. State Rep by

Madras HC19 May 2022CRL OP/12036/2022

Case brief

AI extract

What is this about?

The High Court of Madras granted anticipatory bail to the petitioner accused of illegally transporting river sand. The bail was conditional upon a non-refundable infrastructure deposit and strict reporting requirements to the police.

What did the court decide?

Petitioner granted anticipatory bail subject to making a non-refundable deposit of Rs.15,000 and executing a bond with sureties, including conditions for daily police reporting.

Kalaiyarasan Vs State Rep by — Cheque Dishonour | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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( Criminal Jurisdiction )

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Thursday, the Nineteenth day of May Two Thousand Twenty Two

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PRESENT

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The Hon`ble Mr Justice G.K. ILANTHIRAIYAN

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CRIMINAL ORIGINAL PETITION No.12036 of 2022

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KALAIYARASAN [ PETITIONER / ACCUSED ]

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STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KANNANMANGALAM POLICE STATION, TIRUVANNAMALAI DISTRICT. (CR.NO. 908 OF 2021)

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For Petitioner : M/S.S.SIVAKUMAR Advocate

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For Respondent : MR.R.KISHORE KUMAR, Govt. Advocate ( Crl. Side)

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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, who apprehends arrest at the hands of the respondent police for the alleged offences punishable u/s 379 and 430 of IPC r/w 21(1) of Tamil Nadu Mines and Minerals (Development Regulation) Act, 1957 in Crime No.908 of 2021 on the file of the respondent police, seeks anticipatory bail.

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It is the case of the prosecution that the petitioner is alleged to have illegally transported one unit of river sand in TATA vehicle bearing Reg.No.TN 20AZ 4501, without valid license.

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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. Hence, he prays to grant anticipatory bail to the petitioner.

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

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4.The learned Government Advocate (Crl. Side) appearing for the respondent submitted that the quantity of sand involved is one unit of river sand. He further submitted that the entire contraband has been seized by the respondent police and there is no previous case against the petitioner. However, he vehemently opposed to grant anticipatory bail to the petitioner.

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Taking note of the facts and circumstances, this Court is of the opinion that the petitioner may be directed to make a non refundable deposit for the improvement of the infrastructure in the Government High School, Athikadai, Thiruvarur District-613 702 and this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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Accordingly, the petitioner is directed to make a non refundable deposit of Rs.15,000/- (Rupees Fifteen Thousand only) to the credit of the account stands in the name “HM GOVT HS ATHIKKADAI” A/c No.30176750175, SBI Branch, Koradacheri IFSC:SBIN0061705, for the improvement of the infrastructure in the Government High School, Athikkadai, Thiruvarur District 613 702, and 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 on which the order copy made ready, before the learned Judicial Magistrate, Arani, Thiruvannamalai District; 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 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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[a] 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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[b] the petitioner shall make a non refundable deposit of Rs.15,000/- (Rupees Fifteen Thousand only) to the credit of the account stands in the name “HM GOVT HS ATHIKKADAI” A/c No.30176750175, SBI Branch, Koradacheri IFSC: SBIN0061705 for the improvement of the infrastructure in the Government High School, Athikkadai, Thiruvarur District 613 702.

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[c] the petitioner shall report before the respondent police daily at 10.30 for a period of two weeks and thereafter as and when required for interrogation.

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[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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

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

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-sd/-

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19/05/2022

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

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TRUE COPY

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

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1 THE JUDICIAL MAGISTRATE, ARANI, THIRUVANNAMALAI DISTRICT.

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2 THE CHIEF JUDICIAL MAGISTRATE TIRUVANNAMALAI [FOR INFORMATION]

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3 THE INSPECTOR OF POLICE, KANNANMANGALAM POLICE STATION, TIRUVANNAMALAI DISTRICT.

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4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

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5 THE HEAD MASTER GOVERNMENT HIGH SCHOOL, ATHIKADAI, THIRUVARUR DISTRICT-613 702.

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+1CC to M/S.S.SIVAKUMAR Advocate on payment of necessary charges SR.No.7520

CRL OP.12036/2022

Date :19/05/2022

CSK 25/05/2022

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

Kalaiyarasan v. State Rep by

Case brief

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Kalaiyarasan v. State Rep by

Case brief

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