Jayapal v. State 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.8068 of 2022 1.Jayapal 2.Perumal 3.Devendiran 4.Rajasekar .. Petitioners Vs.

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

(Crime No.139 of 2022) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioners on bail pending investigation in Crime No.139 of 2022, on the file of the Inspector of Police, Katpadi Police Station, Katpadi Vellore District. For Petitioners : Mr.G.Vinodhkumar For Respondent : Ms.G.V.Kasthuri Additional Public Prosecutor

ORDER

The petitioners, who were arrested for the offences punishable under Sections 147, 148, 353, 380 of IPC read with Section 3 of TN Public Property (Prevention of Damage & Loss) Act 1992 in Crime No.139 of 2022, on the file of the respondent police, seek bail. 2.These petitioners on instruction of one Naresh Kumar had removed 17 standing trees in Katpadi Court premises. On a complaint given by Sheristdar of Sub Court, Katpadi, a case was registered in Crime No.139 of 2022 for the offences under sections 147, 148, 353, 380 of IPC read with Section 3 of TNPPDL Act. These petitioners were arrested on 20.03.2022. The timber and the vehicle used for transporting the timber was recovered.

3.Taking note of the fact that the stolen timber was recovered, this court is inclined to grant bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail subject to the following conditions;

(a) Each of the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 petitioners are directed to report before the respondent police daily at 10.30 a.m. until further orders. (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/- 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, KATPADI POLICE STATION, KATPADI,VELLORE DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S G.VINODHKUMAR Advocate on payment of necessary charges SR.No.5570 CRL OP.8068/2022 Date :12/04/2022 CSK 12/04/2022