Kumaresan v. The State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.04.2022
CORAM:
THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.10116 of 2022 Kumaresan .. Petitioner Vs.
State rep. by The Inspector of Police, Koothanallur Police Station, Thiruvarur District.
(Crime No.83 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 Crime No.83 of 2022 on the file of the Respondent Police seeks bail. For Petitioner : Mr.Swamisubramanian For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor ********
O R D E R
The petitioner, who was arrested and remanded to judicial custody on 19.04.2022 for the offences punishable under Sections 379 of I.P.C and Section 21(1) of Mines and Minerals (Development and Regulation) Act in Crime No.83 of 2022, on the file of the respondent police, seeks bail.
2. The petitioner herein is the driver of the TATA Ace vehicle bearing Reg.No. TN 07 BB 8672, in which 1⁄2 unit of river sand was illegally transported.
3. Considering the role of the petitioner in the crime and the quantity of the mineral legally transported, this Court is inclined to grant bail to the petitioner.
4. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions;
(a) the petitioner shall deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) 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.50,000/- (Rupees Fifty Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Mannargudi, Thiruvarur 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 shall report before the Investigating Officer daily at 10.30 a.m., until further orders.
(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/- 29/04/2022 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, NO.II, MANNARGUDI, THIUVARUR DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR DISTRICT. [FOR INFORMATION]
3 THE OFFICER INCHARGE, SUB JAIL, MANNARGUDI.
4 THE INSPECTOR OF POLICE, KOOTHANALLUR POLICE STATION, THIRUVARUR DISTRICT.
5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
6 THE OFFICER INCHARGE, DISTRICT MINERAL FOUNDATION TRUST, THIRUVARUR DISTRICT.
CC to M/S. SWAMISUBRAMANIAN Advocate on payment of necessary charges CRL OP.10116/2022 Date :29/04/2022 RW 02/05/2022