Vignesh @ Vicky v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the First day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice C.V. KARTHIKEYAN CRIMINAL ORIGINAL PETITION No.12876 of 2022 VIGNESH @ VICKY [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, ERAVANCHERRY POLICE STATION, TIRUVARUR DISTRICT.

CRIME NO. 154/2022.

For Petitioner : M/S. T.MURUGANANTHAM Advocate For Respondent : M/S.E.RAJ THILAK, Additional Public Prosecutor PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested on 12.05.2022 for the offences punishable under Sections 430 and 379 of IPC r/w 21(1) of Mines and Mineral (Development and Regulations) Act in Crime No.154 of 2022, seek bail.

2. The case of the prosecution is that the respondent on their routine raid found a Tractor bearing Reg. No. TN 50 L 7953 carrying 1/2 unit of river sand without a valid permit.

3. Considering the facts and circumstances of the case and also considering the period of incarcerations, 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 Rs.10,000/- (Rupees Ten Thousand Only) as non-refundable deposit 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.10,000/- (Rupees Ten Thousand only) each, with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Nannilam.

[b]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. [c] the petitioner shall report before the respondent police everyday at 10.30 p.m. until further orders.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioner shall not abscond either during investigation or trial.

[f] 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 01/06/2022 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, NANNILAM.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR DISTRICT. [FOR INFORMATION]

3 THE OFFICER INCHARGE, SUB JAIL, NANNILAM.

4 THE INSPECTOR OF POLICE, ERAVANCHERRY POLICE STATION, TIRUVARUR DISTRICT.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S. T.MURUGANANTHAM Advocate on payment of necessary charges SR.NO. 8354 CRL OP.12876/2022 Date :01/06/2022 RW-01/06/2022