K.Perumal v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.04.2022
CORAM:
THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.8795 of 2022 K.Perumal .. Petitioner Vs.
The State rep. by The Inspector of Police, Singarapetti Police Station, Krishnagiri District.
(Crime No.110 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 connection with Crime No.110 of 2022 pending on the file of the respondent police. For Petitioner : Mr.J.Pradeep For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor
O R D E R
The petitioner, who was arrested for the offences punishable under Section 379 I.P.C. in Crime No.110 of 2022, on the file of the respondent police, seeks bail.
2.The petitioner herein was arrested on 06.04.2022 for illegal transportation of 1/4 unit of sand in his bullock cart without valid permit and a case was registered against the petitioner in Crime No.110/2022 on the file of the respondent police. 3.Learned Additional Public Prosecutor appearing for the respondent submits that the sand and the bullock cart were seized and that the petitioner has no previous case against him. 4.Considering the quantity of sand and that the petitioner has no previous case against him, 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.5,000/- (Rupees 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.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Uthangarai, Dharmapuri District.
(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/- 19/04/2022 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, UTHANGARAI, DHARMAPURI DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI. [FOR INFORMATION] 3 THE OFFICER INCHARGE, SUB JAIL, KRISHNAGIRI.
4 THE INSPECTOR OF POLICE, SINGARAPETTAI POLICE STATION, KRISHNAGIRI DISTRICT.
5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
6 THE OFFICER INCHARGE, DISTRICT MINERAL FOUNDATION TRUST, KRISHNAGIRI DISTRICT.
CC to M/S.J.PRADEEP Advocate on payment of necessary charges CRL OP.8795/2022 Date :19/04/2022 RW 20/04/2022