Thamizhan v. State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 02.03.2021 CORAM :
THE HON'BLE MR. JUSTICE V.BHARATHIDASAN Crl.O.P.No.7149 of 2020 Thamizhan ... Petitioner Vs.
The State Rep. by ... Respondent The Inspector of Police, Koradachery Police Station, Tiruvarur District.
(Crime No.56 of 2020) PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.56 of 2020 pending investigation on the file of the Respondent. For Petitioner : Mr. J. Jawahar For Respondent : Mrs.M. Prabhavathi, APP
ORDER
(The case has been heard through video conference) Petitioner, who was arrested and remanded to judicial custody on 12.03.2020 for the offence punishable under Sections 379 of IPC r/w/ 21(1) Mines and Minerals (Development & Regulation) Act 1957 in Crime No.56 of 2020, seeks bail.
2. The petitioner is the sole accused. The case of the prosecution is that the petitioner has illegally transported the sand in 26 gunny bags in TATA ACE. Hence, a case has been registered.
3. The petitioner was arrested and remanded to judicial custody on 12.03.2020. Subsequently, this Court by an order dated 27.03.2020 granted interim bail to the petitioner till 28.04.2020.
4. 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 only for statistical purpose. Hence, he seeks bail to the petitioner.
5. The learned Additional Public Prosecutor appearing for the respondent would submit that case properties were recovered and there is no previous case pending as against the petitioner. However, she opposed to grant bail to the petitioner.
6. Considering the said facts and circumstances of the case and and also the fact that entire case properties have been recovered and also the fact that no previous case is pending as against the petitioner and also considering the period of incarceration suffered 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 condition to execute 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 learned Judicial Magistrate, Tiruvarur, 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 shall report before the respondent police 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/- 02/03/2021 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, TIRUVARUR.
2 THE CHIEF JUDICIAL MAGISTRATE, TIRUVARUR [FOR INFORMATION] 3 THE OFFICER INCHARGE SUB JAIL, NANNILAM.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE INSPECTOR OF POLICE KORADACHERY POLICE STATION, TIRUVARUR DISTRICT.
CC to M/S. J.JAWAHAR Advocate on payment of necessary charges CRL OP.7149/2020 Date :02/03/2021 MN-03/03/2021