Mahendran v. The State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 06.07.2020
CORAM
THE HON'BLE Mr.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.10132 of 2020 Mahendran ... Petitioner Vs.
The State rep.by Inspector of Police, Eravancherry Police Station, Tiruvarur District.
Crime.No 286 of 2020 ... Respondent Prayer: Criminal Original Petition filed under Section 439 of Cr.P.C. seeking to enlarge the petitioner on bail in connection with Crime No.286 of 2020 on the file of the respondent police. For Petitioners : Mr.S.Sounthar For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl.Side)
O R D E R
(The case has been heard through video conference) The petitioner was arrested and remanded to judicial custody on 21.06.2020 for the offence punishable under Section 379 of IPC read with Sec.21(4) of Mines and Minerals (Development and Regulations) Act in Crime No.286 of 2020 on the file of the respondent police, seeks bail.
2.The case of the prosecution is that on 21.06.2020, the petitioner illegally transported 5 bags of river sand by using two wheeler. Hence, the complaint.
3.The learned counsel for the petitioner would submit that the petitioner is an innocent and he did not commit any offence as alleged by the prosecution and he has been falsely implicated in this case. On instruction, he would further submit that without prejudice to his defence, the petitioner is prepared to deposit some considerable amount to any charitable organization, and that the petitioner has been suffering incarceration from 21.06.2020. Hence, he prays for grant of bail.
4.The learned Additional Public Prosecutor submitted that there was no previous case pending against the petitioner. However, he opposed for the grant of bail.
5.In view of the fact that there is no previous case against the petitioner and in order to curb the illegal sand mining activities, this Court is of the opinion that the petitioner is directed to deposit a sum of Rs.5,000/- (Rupees five thousand only) to the 'Manonmani Trust' and also taking note of the fact 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.5,000/- (Rupees Five Thousand Only) through RTGS/NEFT transfer to the credit of Manonmani Trust (Indian Overseas Bank, Tower Branch, AC 56, Vth Avenue, Anna Nagar, Chennai-40 A/c No.047501000028847, IFS Code:IOBA0000475) and on such deposit and 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 thereafter on his release;
(b)the petitioner shall execute two sureties for a sum of Rs.10,000/- (Rupees ten thousand only) each, before the District Munsif-cum-Judicial Magistrate, Nannilam, within 15 days from the date of lifting of lockdown and the commencement of the Court's normal functioning, 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 Aadhaar 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)it is made clear, merely because the petitioner deposits the said amount, it would not amount to admission of his guilt. Therefore, it is open to the trial Court to deal with the case independently;
(f)the petitioner to furnish the correct details of address along with mobile number to the Investigating Officer and to the concerned Court;
(g) the petitioner shall not commit any offences of similar nature;
(h)the petitioner shall not abscond either during investigation or trial;
(i)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(j)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];
(k)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/- 06/07/2020 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, NANNILAM.
2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
3 INSPECTOR OF POLICE, ERAVANCHERRY POLICE STATION, TIRUVARUR DISTRICT.
4 THE OFFICER INCHARGE, SUB JAIL, MANNARGUDI 5 THE OFFICER INCHARGE, SUB JAIL, NAGAPATTINAM.
6 THE MANONMANI TRUST(INDIAN OVERSEAS BANK, TOWER BRANCH AC 56, V THE AVENUE, ANNA NAGAR, CHENNAI-40.
CC to M/S. S.SOUNTHAR Advocate on payment of necessary charges CRL OP.10132/2020 Date :06/07/2020 RVR 03/09/2020