Allowed

Kasinathan v. Inspector of Police

Madras HC29 Mar 2022CRL OP/6404/2022

Case brief

AI extract

What is this about?

The High Court at Madras granted anticipatory bail to Kasinathan accused of illegal sand transport under IPC sections 379/430 read with Mines Act. Bail was conditioned upon a non-refundable deposit, surrender within seven days, and reporting to the investigation officer.

What did the court decide?

Petitioner released on bail with conditions: deposit Rs.10,000, execute bond Rs.25,000 with two sureties, report daily, surrender within 7 days.

Kasinathan Vs Inspector of Police — Quashing and FIR | Madras HC (2022)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

( Criminal Jurisdiction )

¶3

Tuesday, the Twenty Ninth day of March Two Thousand Twenty Two

¶4

PRESENT

¶5

The Hon`ble Dr Justice G. JAYACHANDRAN

¶6

CRIMINAL ORIGINAL PETITION No.6404 of 2022

¶7

KASINATHAN [ PETITIONER / ACCUSED ]

¶8

Vs THE STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE VIRUDHACHALAM POLICE STAION, CUDDALORE DISTRICT. (CRIME NO.287 OF 2022)

¶9

For Petitioner : M/S.M.SELVAM Advocate

¶10

For Respondent : MR.S.SANTHOSH, Govt. Advocate ( Crl. Side)

¶11

PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

¶12

ORDER : The Court Made the following order :-

¶13

The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under sections 379, 430 of IPC r/w. 21(1) of Mines and Minerals ( Development and Regulation Act) 1957 in Crime No.287 of 2022, on the file of the respondent police, seeks anticipatory bail.

¶14

The prosecution case is that on 20.02.2022, when the respondent police was on regular patrol, they found that the petitioner was involved in illegal transportation of 1/4 unit of river sand in a Tractor bearing Reg. No. TN 68 X 8484. Hence, the respondent police seized the vehicle along with 1/4 unit of river sand.

¶15

The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any such offences as alleged by the prosecution. He further submitted that he has been falsely implicated in this case. Hence, he pleads for anticipatory bail.

¶16

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

¶17

The learned Government Advocate (Crl. Side) appearing for the respondent raised objection for granting anticipatory bail to the petitioner stating that the petitioner had illegally transported 1/4 unit of river sand.

¶18

Considering the facts and Circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner on condition that the petitioner shall deposit a sum of Rs.10,000/(Rupees Ten Thousand Only)in the District Collector's Fund and on such deposit and production of receipt before the learned concerned Magistrate, the petitioner may be granted anticipatory bail with certain conditions;

¶19

Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned Judicial Magistrate-I,Virudhchalam on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only), with two sureties for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that:

¶20

(a) the petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) before the concerned District Collector's Fund as non-refundable deposit. After receipt of the above said amount, the same has to be deposited by the concerned District Collector to the credit of the District Mines and Minerals Foundation Trust as nonrefundable deposit.

¶21

(b) if the petitioner failed to surrender before the concerned Magistrate within a period of 7 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

¶22

(c) 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;

¶23

(d) the petitioner shall report before the Investigation Officer daily at 10.30.a.m., until further orders;

¶24

(e)the petitioner shall not tamper with evidence or witness either during investigation or trial;

¶25

(f)the petitioner shall not abscond either during investigation or trial;

¶26

(g)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

¶27

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

¶28

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]; and;

¶29

(h) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

¶30

However, grant of anticipatory bail shall not stand in the way of the authorities to initiate confiscation proceedings relating to the vehicle involved in the offence.

¶31

-sd/-

¶32

29/03/2022

¶33

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

¶34

TRUE COPY

¶35

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

¶36

¶37

1 THE JUDICIAL MAGISTRATE-I, VIRUDHCHALAM.

¶38

2 THE CHIEF JUDICIAL MAGISTRATE CUDDALORE DISTRICT [FOR INFORMATION]

¶39

3 THE INSPECTOR OF POLICE VIRUDHACHALAM POLICE STAION, CUDDALORE DISTRICT.

¶40

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

¶41

5 THE DISTRICT COLLECTOR, DISTRICT MINES AND MINERALS FOUNDATION TRUST, CUDDALORE DISTRICT.

¶42

+1CC to M/S.M.SELVAM Advocate on payment of necessary charges SR.No.4779

¶43

CRL OP.6404/2022

¶44

Date :29/03/2022 CSK 04/04/2022

¶45

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

Kasinathan v. Inspector of Police

Case brief

What is this about?

What did the court decide?

Kasinathan v. Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ansar Vs the Inspector of Police

T.Bharathi Vs Dhanalakshmi

Fasith Ali Rahman Vs the State Rep by Its

P.Saravana Kumar Vs S.P.Vijaya Kumar

Raju Ram Vishnoi Vs State Rep by

Sivaraj Vs the State Rep by