Allowed

Thangavel v. State Rep by

Madras HC4 Jan 2022CRL OP/26045/2021

Case brief

AI extract

What is this about?

The High Court of Judicature at Madras granted anticipatory bail to the petitioner in a case involving illegal transportation of gravel sand. The petitioner was ordered to deposit Rs.10,000 for a charitable purpose and satisfy other bail conditions.

What did the court decide?

Anticipatory bail granted with conditions including deposit of Rs.10,000 for charity, submitting to police interrogation, and not tampering with evidence.

Thangavel Vs State Rep by — Property and Title | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 04.01.2022

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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.26045 of 2021

Thangavel

.. Petitioner

Vs.

The State represented by The Inspector of Police Arakkonam Taluk Police Station, Ranipet District (Crime No.256 of 2021) ...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 pending investigation in Cr.No.256 of 2021 on the file of the respondent.

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For Petitioner : Mr.A.Gopinath

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For Respondent : Mr.N.S.Suganthan, Government Advocate (Crl.Side)

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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 offences punishable under Section 430 and 379 of IPC in Crime No.256 of 2021, on the file of the respondent police, seeks anticipatory bail.

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The case of the prosecution is that on 31.07.2021, when the respondent police were on the regular checking of vehicles, they found that the petitioner along with other accused had illegally transported 1 unit of gravel sand by using Tipper lorry without any valid licence. Hence the complaint.

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The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, on instructions, the learned counsel further submits that the petitioner, on his own volition, is ready and willing to contribute a sum of Rs.10,000/- to

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

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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 Government Advocate (Crl.Side) appearing for the respondent opposed for granting anticipatory bail to the petitioner by stating that the petitioner along with other accused had illegally transported 1 unit of gravel sand by using Tipper lorry 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 petitioner has willfully and on his 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 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, Arakkonam 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, Ranipet 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 on Wednesday at 10.30 a.m for a period of four weeks and thereafter as and when required for an 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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https://hcservices.ecourts.gov.in/hcservices/

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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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04/01/2022

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

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TRUE COPY

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

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1 THE JUDICIAL MAGISTRATE, ARAKKONAM.

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

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3 THE INSPECTOR OF POLICE, ARAKKONAM TALUK POLICE STATION, RANIPET DISTRICT.

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4 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

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5 THE REGISTERED ADVOCATE CLERK ASSOCIATION, RANIPET DISTRICT.

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+1 CC to M/S A.GOPINATH Advocate on payment of necessary charges SR.NO.232

CRL OP.26045/2021

Date :04/01/2022

INBA▬10/01/2022

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

Thangavel v. State Rep by

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Thangavel v. State Rep by

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