Ravichandran v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.06.2020
CORAM
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.No.8082 of 2020 Ravichandran . Petitioner Vs.
The State Represented by The Inspector of Police, Nanillam Police Station, Thiruvarur District.
Crime No.973 of 2020 .. Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C, praying to enlarge the petitioner on bail pending investigation in Cr.No.973 of 2020 on the file of the respondent. For Petitioner : Mr.T.Muruganantham For Respondent : K.Prabakar Additional Public Prosecutor
O R D E R
The petitioner was arrested and remanded to judicial custody on 15.05.2020 for the offence punishable under Section 379 of IPC r/w 21 (1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.973 of 2020 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner had transported 1 unit of savudu sand by using tractor, without any valid licence. Hence, the complaint was registered.
3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. The learned counsel further submitted that without prejudice to his defence, the petitioner is prepared to deposit a considerable amount to any charitable organization. He would further submit that the petitioner has been suffering incarceration from 15.05.2020. Hence, he prays to grant bail to the petitioner.
4. The learned Additional Public Prosecutor submits that the petitioner had illegally transported 1 unit of savudu sand. He would further submit that there is no previous case pending as against the petitioner. However, he opposed for grant bail to the petitioner.
5. Taking into consideration the facts of the case and there is no previous case as against the petitioner and the petitioner has also come forward to deposit a considerable amount to any charitable organization, this Court is inclined to grant bail to the petitioner, subject to the following conditions :
(a) the petitioner shall deposit a sum of Rs.5,000/- (Rupees Five thousand only) to the Cancer Institute (WIA), (Regional Cancer Centre), Adyar, Chennai - 600 020, bearing A/c No.149710011005477, Andhra Bank, Madhya Kailash Branch, and on such deposit and also on production of proof, 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 and on his release; (b) the petitioner shall execute one surety for a sum of Rs.10,000/- (Rupees Ten thousand only), before the concerned Magistrate on or before 04.07.2020, 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; (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 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];
(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.
-sd/- 05/06/2020 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 ASSISTANT SESSIONS JUDGE THIRUVARUR.
2 THE JUDICIAL MAGISTRATE, NANILLAM.
3 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR [FOR INFORMATION] 4 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.
5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
6 THE INSPECTOR OF POLICE NANILLAM POLICE STATION, THIRUVARUR DISTRICT.
7 THE CANCER INSTITUTE (WIA), (REGIONAL CANCER CENTRE), ADYAR, CHENNAI - 600 020, BEARING A/C NO.149710011005477, ANDHRA BANK, MADHYA KAILASH BRANCH CC to Mr.T.Muruganantham Advocate on payment of necessary charges CRL OP.8082/2020 Date :05/06/2020 cs 05/06/2020