Vasanthan v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.No.3082 of 2022 Vasanthan

...Petitioner/A1

Vs.

The State Rep. by Inspector of Police, Koradachery Police Station, Thiruvarur District.

(Crime No.27 of 2022) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail pending investigation in Crime No.27 of 2022 on the file of the respondent police.

For Petitioner : Mr.R.Sathishkumar For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 19.01.2022 for the offences under Sections 430, 379 of IPC and 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No. 27 of 2022, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 19.01.2022, the petitioner was found illegally transporting 21⁄2 units of river sand in the Ashok Leyland Lorry bearing registration No.TN 28 F 7322 without having any valid permission. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submit that the respondent police seized Ashok Leyland Lorry with 2 1⁄2 units of river sand. Otherwise after made recovery, further custody of the petitioner need not be necessary for completing the investigation. Accordingly, he prayed to allow this petition.

4.The learned Additional Government Pleader appearing for the respondent police raised objection stating that during the relevant point of time, the petitioner, who is the driver of the lorry and other accused illegally transported the river sand without any permission. She vehemently opposed to grant bail to the petitioner.

5. The submissions made by the learned counsel appearing on either side are considered.

6. Considering all these facts, as on now, the material object, which are all necessary for completing the investigation was recovered and in view of the fact that, a portion of the investigation has been completed, further custody of the petitioner is not necessary for completing the investigation. Hence, this Court is inclined to grant bail to the petitioner with certain conditions. 7.

Accordingly, 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), with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Tiruvarur and on further conditions that:

(a) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity; (b) the petitioner shall deposit Rs.5,000/- (Rupees Five Thousand only) to the credit of the Cancer Institute (WIA) (Regional Cancer Centre), Adyar, Chennai - 600020, bearing A/c.No.149710011005477, Andhra Bank, Madhya Kailash Branch, within a period of two weeks from the date of receipt of a copy of this order and shall produce the said receipt before the Court below.

(c) the petitioner shall appear before the respondent police daily at 10.00 a.m. for the period of 30 days and thereafter as and when requires for interrogation;

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

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

(f) on breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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];

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

-sd/- 09/02/2022 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, TIRUVARUR.

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

3 THE INSPECTOR OF POLICE, KORADACHERY POLICE STATION, TIRUVARUR DISTRICT.

4 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

5 THE OFFICER INCHARGE, SUB JAIL, NAGAPATTINAM.

6 THE CANCER INSTITUTE (WIA) (REGIONAL CANCER CENTRE), ADYAR, CHENNAI-600020, BEARING A/C.NO.149710011005477, ANDHRA BANK, MADHYA KAILASH BRANCH.

+1 CC to M/S.R.SATHISHKUMAR Advocate on payment of necessary charges SR.NO.2131 CRL OP.3082/2022 Date :09/02/2022 INBA~10/02/2022