M.Parthiban v. State Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.03.2022
CORAM:
THE HON'BLE MR.JUSTICE DR.G.JAYACHANDRAN Crl.O.P.No.4979 of 2022 1.M.Parthiban 2.Govindan 3.Govindaraj .. Petitioners Vs.
State rep. by The Sub Inspector of Police, Mathikonpalayam Police Station, Dharmapuri Dsitrict.
(Crime No.46 of 2022) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioners on bail concerned in Crime No.46 of 2022 on the file of the Inspector of Police, Mathikinpalayam Police Station, Dharmapuri.
For Petitioners : Mr.C.Prabakaran For Respondent : M/s.G.V.Kasthuri Additional Public Prosecutor ********
O R D E R
The petitioners/A1 to A3, who were arrested and remanded to the judicial custody on 13.02.2022 for the offences punishable under Section 379 and 511 of IPC in Crime No.46 of 2022, on the file of the respondent police, seek bail.
2.The petitioners herein are the name shown accused in Crime No.46/2022 on the file of the respondent police for the alleged attempt to excavate red sand using Tractor and JCB. 3.Considering the fact that it is only an attempt and the vehicle which was used by the accused persons to transport red sand has already been seized, bail granted to the petitioners and they are ordered to be released on bail subject to the following conditions;
(a)Each of petitioners shall deposit Rs.10,000/- (Rupees Ten Thousand Only) as non-refundable deposit to the credit of the concerned District Mineral Foundation Trust. On such deposit, the trial court shall release the petitioners on bail receiving a bond for a sum of Rs.50,000/- each (Rupees Fifty Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.1, Dharmapuri;
(b) 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; (c) the petitioners are directed to report before the Investigating Officer as and when required.
(d) the petitioners shall not tamper with evidence or witness either during investigation or trial;
(e) 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];
(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
-sd/- 04/03/2022 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, DHARMAPURI.
2 THE CHIEF JUDICIAL MAGISTRATE DHARMAPURI DISTRICT. [FOR INFORMATION]
3 THE OFFICER INCHARGE, SUB JAIL, DHARMAPURI.
4 THE SUB INSPECTOR OF POLICE MATHIKONPALAYAM POLICE STATION, DHARMAPURI.
5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
6 THE OFFICER INCHARGE, DISTRICT MINERAL FOUNDATION TRUST, DHARMAPURI DISTRICT.
+1 CC to M/S. C.PRABAKARAN Advocate on payment of necessary charges SR.NO. 3376 CRL OP.4979/2022 Date :04/03/2022 RW 07/03/2022