Allowed

Chitra v. State Rep by

Madras HC24 Jan 2022CRL OP/1433/2022

Case brief

AI extract

What is this about?

The Madras High Court granted anticipatory bail to the petitioner in a case alleging illegal sand transportation. Bail was granted subject to conditions including depositing Rs. 10,000 for charity, obtaining sureties, and reporting daily to the police.

What did the court decide?

Petitioner released on bail in event of arrest subject to deposit of Rs. 10,000 for charity, sureties, and compliance with daily reporting and other conditions.

Chitra Vs State Rep by — Anticipatory Bail | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 24.01.2022

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CORAM:

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THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI

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Crl.O.P.No.1433 of 2022

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Chitra ... Petitioner

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Vs.

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State represented by Sub-Inspector of Police, Santhavasal Police Station, Tiruvannamalai District. Crime No.663 of 2021. ... Respondent

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Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest by the respondent police in Cr.No.663 of 2021 on the file of the respondent police.

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For Petitioner : Mr.M.Guruprasad

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For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor

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ORDER

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(This 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 offences punishable under Section 379 and 430 of IPC.Sec 21(1) of the Mines and Minerals (Development and Regulation) Act 1957 and Sec 3 of TamilNadu Public Property (Prevention of Damage and Loss) Act 1992 in Crime No.663 of 2021, on the file of the respondent police, seeks anticipatory bail.

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2.The case of the prosecution is that the petitioner was found in illegal transportation of 1 unit of river sand without any permission from the concerned authority. Hence the complaint.

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The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution. However, on instructions, the

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

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learned counsel further submits that the petitioner, on her own volition, is ready and willing to contribute a sum of Rs.10,000/- to any Charitable Purpose as may be directed by this Court and he prays for grant of anticipatory bail to the petitioner.

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The learned Additional Public Prosecutor submits that there is no previous case pending against other petitioner. However, he opposed for grant of anticipatory bail to the petitioner.

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5.Considering the facts and circumstances of the case and also considering the submissions made by the both counsel and also the fact that the petitioner has willfully and on her own volition agreed to contribute a sum of Rs.10,000/- for charitable purpose, this Court is inclined to grant anticipatory bail to the petitioner.

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6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier, before the Learned Judicial Magistrate, Polur, Tiruvannamalai 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 and on further condition that:

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[a ]the petitioner is directed to deposit a sum of Rs.10,000/(Rupees Ten thousand only) to the Registered Advocate Clerks Association at Tiruvannamalai District within a period of fifteen (15) days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier and shall produce the said receipt before the Court below;

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[b] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned 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., until futher orders.

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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 has been

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

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imposed and the petitioner is 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]; and;

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[g] if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC;

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-sd/-

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24/01/2022

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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, POLUR, TIRUVANNAMALAI DISTRICT.

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2 THE CHIEF JUDICIAL MAGISTRATE, TIRUVANNAMALAI DISTRICT (FOR INFORMATION).

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3 THE SUB INSPECTOR OF POLICE, SANTHAVASAL POLICE STATION, TIRUVANNAMALAI DISTRICT.

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4 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

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5 THE REGISTERED ADVOCATE CLERKS ASSOCIATION, TIRUVANNAMALAI DISTRICT.

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+1 CC to M/S.M.GURUPRASAD Advocate on payment of necessary charges SR.NO.1202

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INBA~31/01/2022

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

Chitra v. State Rep by

Case brief

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What did the court decide?

Chitra v. State Rep by

Case brief

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