Allowed

Elangovan v. State Rep by

Madras HC2 Feb 2022CRL OP/2251/2022

Case brief

AI extract

What is this about?

The High Court of Madras granted anticipatory bail to petitioners charged with illegal transport of sand under IPC and MMDR Act. The court imposed strict conditions including bond execution, report duty, and deposit to an advocate association before the trial court.

What did the court decide?

Anticipatory bail granted subject to executing bonds, depositing Rs. 20,000 to an association, daily reporting, and appearing before the District Munsif within 15 days.

Elangovan Vs State Rep by — Mining and Natural Resources | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 02.02.2022

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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.2251 of 2022

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1.Elangovan 2.Sivakumar

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... Petitioners

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Vs.

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State represented by The Inspector of Police, Oomangalam Police Station, Cuddalore District. (Crime No.72/2022)

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... Respondent/complainant

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Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., praying to enlarge the petitioner on Anticipatory Bail in the event of his arrest in Crime No.72/2022 pending investigation on the file of the respondent police.

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For Petitioner : Mr.K.Vijayakumar

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For Respondent : Mr.A.Gokulakrishnan, 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 petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 188, 269, 379 and 430 of IPC r/w 21(1) of Mines and Minerals (Development & Regulation) Act 1957, in Crime No.72/2022, on the file of the respondent police, seek anticipatory bail.

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The case of the prosecution is that on 23.01.2022, when the respondent police were on the regular patrol duty at their jurisdiction, they found that the petitioners had illegally transported 4½ units of red gravel sand by using Farmtract Tractor Tipper and Mahindra Tractor Tipper without any valid licence. Hence the complaint.

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

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The learned counsel appearing for the petitioners submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. However, on instructions, the learned counsel further submits that the petitioners, on their own volition, are 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 petitioners.

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The learned Additional Public Prosecutor appearing for the respondent opposed for granting anticipatory bail to the petitioners by stating that the petitioners had illegally transported 4½ units of red gravel sand by using Farmtract Tractor Tipper and Mahindra Tractor Tipper without any valid licence.

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

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6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their 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 District Munsif-cum-Judicial Magistrate, Neyveli, on condition that each of 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] each of the petitioners are directed to deposit a sum of Rs.10,000/- (Totally Rupees twenty thousand only) to the registered Advocate clerk Association, Neyveli, 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 for a period of four weeks and thereafter as and when required for an interrogation;

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

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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 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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02/02/2022

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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.

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1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, NEYVELI.

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

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3 THE INSPECTOR OF POLICE OOMANGALAM POLICE STATION CUDDALORE DISTRICT

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4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

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5 THE REGISTERED ADVOCATE CLERK ASSOCIATION, NEYVELI.

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+1 CC to K.VIJAYAKUMAR Advocate on payment of necessary charges SR.NO.1916

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CRL OP.2251/2022

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Date :02/02/2022 JPA 10/02/2022

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

Elangovan v. State Rep by

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Elangovan v. State Rep by

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