Felix Raja v. The State Rep. By Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.05.2020
CORAM
THE HONOURABLE MR. JUSTICE M. NIRMAL KUMAR Crl.O.P.No.7846 of 2020 Felix raja (M/31), S/o. Pichaimuthu ... Petitioner Vs.
The State Rep by The Inspector of Police, Perugavazhanthan Police station, Thiruvarur District.
Crime No.463 of 2020 .. Respondent Prayer: Criminal Original Petition filed under Section 439 Cr.P.C., to enlarge the petitioner on bail concerned in Crime No.463 of 2020 pending on the file of the respondent.
For Petitioner : Mr.Swami Subramanian For Respondent: Mr.S. Karthikeyan, Additional Public Prosecutor
ORDER
The petitioner, who was arrested and remanded to judicial custody on 16.05.2020 for the alleged offences punishable under Section 379 of I.P.C 1/6
r/w. 21(1) of Mines and Minerals (Development and Regulation) Act 1957, in Crime No.463 of 2020 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner had transported one unit of river sand illegally without any valid license. Hence the complaint.
3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. The petitioner has no bad antecedents and further submitted that the petitioner has been suffering incarceration from 16.05.2020 and hence, he seeks bail for the petitioner.
4. The learned Additional Public Prosecutor (Crl. Side) would submit that the quantity of river sand involved is one unit. Hence, he opposed for the grant of bail to the petitioner.
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5. Taking into consideration the facts of the case and the submissions made by the learned counsel and also taking note of the period of incarceration by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions: (a) the petitioner shall deposit a sum of Rs.10,000/- (Rupees ten thousand only) to the Cancer Institute (WIA), (Regional Cancer Centre), Adyar, Chennai - 600 020, Andhra Bank, Madhya Kailash Branch (SB A/C No.149710011005477) and on such deposit, the petitioner is ordered to be released on bail on executing his own bond for a sum of Rs.10,000/- (Rupees ten thousand only) before the Superintendent of the concerned prison, in which the petitioner has been confined on his release; (b) thereafter, the petitioner shall execute two sureties for a sum of Rs.10,000/- (Rupees ten thousand only) each, before the concerned Magistrate on or before 01.07.2020, failing which the bail granted by this Court shall stand dismissed automatically;
(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; 3/6
(d) the petitioner shall report before the respondent police as and when required for interrogation.
(e) the petitioner shall not commit any offences of similar nature; (f) the petitioner shall not abscond either during investigation or trial; (g) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(h) 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];
(i) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
6. With the above directions, this Criminal Original Petition is ordered. 27.05.2020 SSI 4/6
To
1. The Learned Judicial MagistrateNo.II Mannargudi, Thiruvarur District.
2. The State Rep by The Inspector of Police, Perugavazhanthan Police station, Thiruvarur District
3. The Public Prosecutor, High Court, Madras.
4. The Superintendent, Sub Jail, Mannargudi.
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M.NIRMAL KUMAR, J.
SSI Crl.O.P.No.7846 of 2020 27.05.2020 6/6