IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.02.2022

CORAM:

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

Crl.O.P.No.2034 of 2022

Muthuvel

... Petitioner

Vs.

State represented by

... Respondent

The Sub-Inspector of Police,

Pudupettai Police Station,

Cuddalore District.

Crime No.636 of 2021.

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.636 of 2021 on the file

of the respondent police.

For Petitioner : Mr.S.Saravana kumar

For Respondent : Mr.N.S.Suganthan,

Government Advocate (Crl. Side)

ORDER

(This case has been heard through video conference)

The petitioner, who apprehends arrest at the hands of the

respondent police for the alleged offences punishable under sections

430, 379 of IPC and Section 21(1) of Mines and Minerals (Development

& Regulation) Act, 1957, in Crime No.636 of 2021, on the file of the

respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 21.08.2021 at about

01.30 p.m., when the the respondent police was on regular patrol,

they found that

the petitioner was involved in illegal

transportation of 1/2 unit of river sand in his vehicle without any

permit. Hence, the complaint.

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3. 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

any Charitable Purpose as may be directed by this Court and he prays

for grant of anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor submits that there

is no previous case pending against the petitioner. However, he

opposed for grant of anticipatory bail to the petitioner.

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.

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 No.II, Panruti Taluk 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:

[a]the petitioner is directed to deposit a sum of

Rs.10,000/- (Rupees Ten thousand only) to the Registered

Advocate Clerks Association at Cuddalore 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;

[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;

[c] the petitioner shall report before the respondent

police daily at 10.30.a.m., until further orders.

[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;

[f] on breach of any of the aforesaid conditions, the

learned Magistrat