Sasindhar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.04.2024

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.9459 of 2024 Sasindhar ... Petitioner Vs.

State Rep by.

The Inspector Police, Baluchettychathiram Police Station, kanchipuram District.

Crime No. 158 of 2024 ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail in crime No.158 of 2024 on the file of the respondent police.

For Petitioner : Mr. E.Martin Jaya Kumar For Respondent : Mr.Meganathan, Government Advocate (Crl. side) 1/5

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 07.04.2024 for the alleged offences punishable under Sections 430, 379 IPC r/w 21(1) M.M. Act in crime No. 158 of 2024 on the file of the respondent, seeks bail.

2. The case of the prosecution is that the respondent police found the petitioner with the possession of 3 bags of river sand without any valide permit. Hence, the case.

3. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. However, on instructions, the learned counsel further submitted that the petitioner, on his own volition, is ready and willing to contribute a some amount to the charitable purpose as imposed by this Court. Learned counsel prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) submits that the petitioner was found to be in possession of 3 bags of river sand without any valid permit.

5. Considering the period of incarceration undergone by the 2/5

petitioner and also there is no previous case pending against the petitioner. Hence, this Court is inclined to grant bail to the petitioner.

6. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties ( one must be a blood surety), each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Kancheepuram, and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioner shall report before the respondent police on every Sunday at 10.30 a.m., for a period of two months and thereafter as and when required for interrogation. Further, the petitioner is directed to deposit a sum of Rs.5,000/- (Five Thousand Only) to the credit of Registered Advocate clerks Welfare Association, Kancheepuram, within a period 3/5

of two weeks from the date of receipt of a copy of this order.

[c] the petitioner shall not abscond either during investigation or trial;

[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 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 abscond, a fresh FIR can be registered under Section 229A IPC.

17.04.2024 pbl T.V.THAMILSELVI,J.

pbl To 4/5

1. The Judicial Magistrate No.I, Kancheepuram.

2. The Inspector Police, Baluchettychathiram Police Station, kanchipuram District.

3. The Kanchipuram Sub Jail.

4. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.9459 of 2024 17.04.2024 5/5