Sudhakar v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 10.03.2021 CORAM :

THE HON'BLE MR. JUSTICE V. BHARATHIDASAN Crl.O.P.No.4724 of 2021 Sudhakar ... Petitioner Vs.

The State rep.by ... Respondent The Inspector of Police, Edaiyur Police Station, Thiruvarur.

Crime No.157 of 2021.

Prayer: Criminal Original Petition filed under Section 439 of Criminal Procedure Code, praying to enlarge the petitioner on bail in connection with the case in Crime No.157 of 2021 pending investigation on the file of the respondent police.

For Petitioner : Mr. K. Pragadeesh Kumar For Respondent : Mrs. M. Prabhavathi, Addl. Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioner, who was arrested and remanded to judicial custody on 14.02.2021 for the offences punishable under Section 379 of IPC ,1860 and 21(1) of Mines and Minerals (Development and Regulation ) Act , 1957 , seeks bail.

2. The petitioner is the sole accused. The case of the prosecution is that the petitioner has illegally transported 20 bags of river sand in a vehicle without any valid permit. 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. Hence, he seeks bail to the petitioner.

5. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner has illegally transported 20 bags of river sand. There is no previous case pending as against the petitioner. However, she opposed to grant bail to the petitioner.

6. Considering the facts and circumstances of the case and the fact that there is no previous case pending as against the petitioner, and also taken into account the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions: (a) Accordingly, the petitioner is ordered to be released on bail on their executing 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 Judicial Magistrate, Thiruthuraipoondi, and on further conditions that:

(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 petitioner, on his release from prison, shall appear before the respondent police daily as and when required for interrogation.

(d)the petitioner shall not commit any offences of similar nature;

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

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

(g) on breach of any of the aforesaid conditions, the learned Judicial 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]; (h) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

7. With the above directions, this Criminal Original Petition is ordered.

-sd/- 10/03/2021 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, THIRUTHURAIPOONDI, TIRUVARUR.

2 THE CHIEF JUDICIAL MAGISTRATE, THIRUVARUR [FOR INFORMATION].

3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, EDAIYUR POLICE STATION, TIRUVARUR.

5 THE OFFICER INCHARGE, SUBJAIL, NANNILAM.

CC to M/S.K.Pragadeesh Kumar Advocate on payment of necessary charges CRL OP.4724/2021 Date :10/03/2021 EP-11/03/2021