Allowed

Putheti Mahesh Reddy @ Mahesh Reddy v. State, Rep. by

Madras HC18 Oct 2024CRL OP/24898/2024

Case brief

AI extract

What is this about?

Petitioner sought anticipatory bail in a case involving illegal transportation of river sand under IPC Sections 379 and 430 read with Section 21(1) of the MMDR Act. The Court granted anticipatory bail with strict conditions including deposit of security, regular police reporting, and execution of bond with sureties.

What did the court decide?

Anticipatory bail granted with conditions to execute bond, deposit Rs. 1,00,000, report to police, and not tamper with evidence.

Putheti Mahesh Reddy @ Mahesh Reddy Vs State, Rep. by — Anticipatory Bail | Madras HC (2024)

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Crl.O.P.No.24898 of 2024

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Crl.O.P.No.24898 of 2024

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T.V.THAMILSELVI, J.

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The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 379, 430 of IPC r/w Section 21(1) of MMDR Act, 1957 in Crime No.206 of

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2024, on the file of the respondent police, seeks anticipatory bail.

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This is the second anticipatory bail was filed before this Court. The case of the prosecution is that the petitioner had illegally transported 10 units of river sand by using lorry, without prior permission from the Government Officials. Hence, the complaint.

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The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is the driver of the vehicle. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioner.

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.24898 of 2024

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The learned Government Advocate (Crl.Side) appearing for

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the respondent submitted that the investigation is almost completed. However, he vehemently opposed for grant of anticipatory bail to the petitioner.

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Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.Side), this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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Accordingly, 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 No.1, Tiruvallur, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties, one must be a blood surety, 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

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.24898 of 2024

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condition that:

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[a] the petitioner is directed to deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) to the credit of the Tamil Nadu Advocate Clerk Association, Chennai. Current Account No.484026006 IFSC No.IDIB000M157, Indian Bank, High Court Branch within a period of two weeks from the date of receipt of copy of this order, without prejudice to his defence before the trial Court and the learned Judicial Magistrate, after perusing the challan/ receipt, shall accept the sureties furnished by the petitioner;

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[b] 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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[c] the petitioner is directed to report before the respondent police on every Tuesday at 10.30 a.m., for a period of two months 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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[e] the petitioner shall not abscond either during investigation or trial.

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.24898 of 2024

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T.V.THAMILSELVI, J.

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msrm

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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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18.10.2024

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msrm

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Crl.O.P.No.24898 of 2024

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https://www.mhc.tn.gov.in/judis

Putheti Mahesh Reddy @ Mahesh Reddy v. State, Rep. by

Case brief

What is this about?

What did the court decide?

Putheti Mahesh Reddy @ Mahesh Reddy v. State, Rep. by

Case brief

What is this about?

What did the court decide?

What the court decided

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