Thangarasu 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.8434 of 2022 1.Thangarasu 2.Murugesan 3.Saravanan @ Poochi 4.Lingeswaran ... Petitioners Vs.

State rep. by The Inspector of Police, Muthupettai Police Station, Tiruvarur District.

(Crime No.95 of 2022) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioners on bail in Crime No.95 of 2022, on the file of the Inspector of Police, Muthupettai Police Station, Thiruvarur District.

For Petitioners : Mr.Swamisubramanian For Respondent : Ms.G.V.Kasthuri Additional Public Prosecutor ********

ORDER

The petitioners who were arrested on 29.03.2022 for the offences punishable under Sections 379 and 430 of IPC and Section 21(1) of Mines and Minerals (Development & Regulation) Act in Crime No.95 of 2022, on the file of the respondent police, seek bail. 2.The petitioners herein were arrested on 29.03.2022 for illegal transportation of river sand in a two wheeler without any permit and a case was registered against these petitioners in Crime No.95 of 2022 on the file of the respondent police

3.Considering the fact that the vehicle, which was used by the accused persons to transport river sand has already been seized, this Court is inclined to grant bail to the petitioners. Accordingly, they are ordered to be released on bail subject to the following conditions;

(a) Each of the petitioners shall deposit Rs.2,500/- (Rupees Two Thousand Five Hundred Only) to the credit of Crime No.96 of 2022, within a period of seven days from the date on which the order copy made ready.

(b) the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each, with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Thiruthuraipoondi, Thiruvarur District.

(c) 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;

(d) the petitioners are directed to report before the Investigating Officer daily at 10.30 a.m., until further orders.

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

(g) 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, THIRUTHURAIPOONDI, THIRUVARUR DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, MUTHUPETTAI POLICE STATION, THIRUVARUR DISTRICT 4 THE OFFICER INCHARGE SUB JAIL, THIRUTHURAIPOONDI.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S SWAMISUBRAMANIAN Advocate on payment of necessary charges CRL OP.8434/2022 Date :12/04/2022 JPA 13/04/2022