Jayakumar v. Stae Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.04.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.7784 of 2022 Jayakumar .. Petitioner Vs.

State rep. by The Inspector of Police, Viruthampet Police Station, Vellore District.

(Crime No.115 of 2022) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.115 of 2022, on the file of the respondent Police. For Petitioner : Mr.T.Saravanan For Respondent : Ms.G.V.Kasthuri Additional Public Prosecutor ********

ORDER

The petitioner, who was arrested for the offences punishable under Sections 379 and 430 of IPC read with 21(1) MM(D& R) Act in Crime No.115 of 2022, on the file of the respondent police, seeks bail.

2.The petitioner herein, who is the driver of the vehicle TATA ACE has illegally transported one unit of river sand without any permit. The petitioner was arrested on 16.03.2022. The owner of the vehicle and the person, who engaged the petitioner to transport the river sand illegally was shown as absconding accused. 3.Learned counsel for the petitioner states that the the second accused was granted bail by the District Court and the third accused was granted anticipatory bail by this Court. This petitioner was arrested on 16.03.2022 and he is in prison.

4.Considering the above fact, this court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions; (a) the petitioner shall deposit Rs.25,000/- (Rupees Twenty Five 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 petitioner on bail receiving a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Katpadi.

(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 is directed to report before the Investigating Officer as and when required.

(d) the petitioner 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 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];

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

-sd/- 12/04/2022 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, KATPADI.

2 THE CHIEF JUDICIAL MAGISTRATE VELLORE DISTRICT [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, VIRUTHAMPET POLICE STATION, VELLORE DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON,VELLORE.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

6 THE OFFICE INCHARGE, DISTRICT MINERAL FOUNDATION TRUST, VELLORE DISTRICT.

+1CC to M/S T.SARAVANAN Advocate on payment of necessary charges SR.No.5586 CRL OP.7784/2022 Date :12/04/2022 CSK 12/04/2022