Silambarasan v. State By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.07.2020
CORAM
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No. 10774 of 2020 Silambarasan ... Petitioner/Accused No.1 Vs.
The State represented by, The Sub-Inspector of Police, Valangaiman Police Station, Thiruvarur District.
(Crime No.1306 of 2020) ... Respondent/Complainant Prayer: Criminal Original Petition filed under Section 439 Cr.P.C. to enlarge the petitioner on bail in Crime No.1306 of 2020, pending investigation on the file of the respondent police. For Petitioner : Mr.S.Sathia Chandran For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side)
O R D E R
(The case has been heard through video conference) The petitioner who was arrested and remanded to judicial custody on 17.06.2020 for the offences punishable under Sections 430 & 379 of IPC in Crime No.1306 of 2020 on the file of the respondent police, seeks bail.
The case of the prosecution is that the petitioner had illegally transported two units of sand by using Tractor, without any permit or valid licence. Hence, the complaint. 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. On instruction, he would further submit that without prejudice to his defence, the petitioner is prepared to deposit considerable amount to any charitable Organization or Association and that the petitioner has been suffering incarceration from 17.06.2020. Hence, he prays to grant bail to the petitioner.
The learned Government Advocate (Crl.Side) would submit that the quantity of sand involved in this case two units. He would further submit that there is no previous case pending against the petitioner. Hence he opposed to grant bail to the petitioner.
5 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.10,000/- (Rupees Ten Thousand only) as non refundable deposit to the Tamil Nadu Advocate Clerk Association, High Court, Madras, Indian Bank, High Court Branch, A/c.No.484026006, IFSC.No. IDIB000M157, without prejudice to his rights and contentions before the trial Court. 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. Taking into consideration of the facts and circumstances and also the submissions made by the learned counsels and also considering the period of incarceration by the petitioner from 17.06.2020, this Court is inclined to grant bail to the petitioner subject to the following conditions:
(a) Accordingly, the petitioner is ordered to be released on bail on condition to make a non refundable deposit of Rs.10,000/- (Rupees Ten Thousand only) through RTGS/NEFT in favour of the Tamil Nadu Advocate Clerk Association, High Court, Madras, Indian Bank, High Court Branch, A/c.No.484026006, IFSC.No. IDIB000M17, on such deposit and production of proof and also 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, each for a sum of Rs.10,000/- (Rupees ten thousand only), before the learned District Munsif cum Judicial Magistrate, Valangaiman, Thiruvarur District, within a period of two weeks after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier, 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 daily at 10.30 a.m. for a period of two weeks and thereafter 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.
With the above directions, this Criminal Original Petition is ordered.
-sd/- 20/07/2020 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, VALANGAIMAN, THIRUVARUR DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR [FOR INFORMATION] 3 THE SUPERINTENDENT, SUB-JAIL, MANNARGUDI.
4 THE SUB INSPECTOR OF POLICE, VALANGAIMAN POLICE STATION, THIRUVARUR DISTRICT.
5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
6 THE TAMIL NADU ADVOCATE CLERK ASSOCIATION, HIGH COURT, MADRAS, INDIAN BANK, HIGH COURT BRANCH, A/C.NO.484026006, IFSC.NO.IDIB000M157 CC to M/S. S.SATHIA CHANDRAN Advocate on payment of necessary charges CRL OP.10774/2020 Date :20/07/2020 MK:17/08/2020