Gullu @ Muthu v. State By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.01.2022

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.980 of 2022 Gullu @ Muthu

...Petitioner

Vs.

The State rep. by Inspector of Police, Kanakamma Chatram Police Station, Tiruvallur District.

...Respondent

(Crime No.565 of 2021) PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.565 of 2021 on the file of the respondent police. For Petitioner : Mr.P.S.Kothandaram For Respondent : Mr.N.S.Suganthan Government Advocate

ORDER

The petitioner who was arrested and remanded to judicial custody on 22.12.2021 for the offences under Sections 379 and 430 of IPC r/w Section 21(1) of the Tamilnadu Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.229 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that when the respondent police officials were on regular patrol duty, they found that the petitioner had illegally transported 1⁄4 unit of river sand by using his vehicle bearing registration number TN-60-X-3280 TATA 207 without obtaining valid licence. Hence, the complaint.

3. The learned counsel for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case and that he has been suffering incarceration from 22.12.2021. However, on instructions, he submits that the petitioner is ready and willing to pay a sum of Rs.10,000/- to any Charitable Institute as may be directed by this Court and he prays to grant bail to the petitioner.

4.The learned Government Advocate raised objection stating that the petitioner had illegally transported 1⁄4 unit of river sand by using his four wheeler without obtaining valid licence. He further submits that there are seven previous cases pending against the petitioner.

5. Considering the facts and circumstances of the case and the submissions made by both counsel and also considering the previous cases pending against the petitioner and on his own volition agreed to contribute a sum of Rs.10,000/- for charitable purpose, this Court is inclined to grant bail to the petitioner with certain conditions; (a) the Petitioner is ordered to be released on bail on executing his own bond for a sum of Rs.10,000/- (Rupees ten thousand only), before the Superintendent of the concerned prison, in which the Petitioner has been confined and thereafter on his release; (b) the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten thousand only) to the credit of Society for the Educational and Economic Development (SEED) Reg., Sriperumbudur, Account Name:SEED, A/c.

2926101000002, Canara Bank, Sriperumbudur, IFSC: CNRB0002926, Cell No.9944812053 and on such deposit, the petitioner shall execute two sureties for a sum of Rs.10,000/- (Rupees Ten Thousand only), before the learned Judicial Magistrate No.I, Tiruthani, Tiruvallur District within 15 days from the date of commencement of the Court's normal functioning, failing which the bail granted by this Court shall stand dismissed automatically; (c)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; (d) the petitioner shall report before the respondent police on every Tuesday at 10.30 a.m.

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

(h)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]; and;

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

-sd/- 12/01/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, NO.I, TIRUTHANI, TIRUVALLUR DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR(FOR INFORMATION) 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 INSPECTOR OF POLICE KANAKAMMA CHATRAM POLICE STATION , TIRUVALLUR DISTRICT 5 THE OFFICER INCHARGE, SUB JAIL, TIRUTHANI, TIRUVALLUR DISTRICT.

6 SOCIETY FOR THE EDUCATIONAL AND ECONOMIC DEVELOPMENT(SEED), IFSC:CNRB0002926, CELL NO.9944812053 CC to P.S.KOTHANDARAM Advocate on payment of necessary charges Sr.637 CRL OP.980/2022 Date :12/01/2022 RVR 19/01/2022