Manikandan v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.09.2020
CORAM
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.14016 of 2020 Manikandan ... Petitioner/ Accused Vs.
The Inspector of Police, Mathur Police Station, Krishnagiri District.
Crime No.928 of 2020 ... Respondent/Complainant Prayer: Criminal Original Petition filed under Section 439 Cr.P.C., to enlarge the petitioner on bail in Crime No. 928 of 2020, on the file of the respondent police station. For Petitioner : Mr.M.Illiyas For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl.Side)
ORDER
(This case has been heard through video conference) The petitioner, who was arrested and remanded to the Judicial Custody on 13.08.2020, for the offence punishable under Section 379 of IPC,in Crime No.928 of 2020, on the file of the respondent police seeks bail.
The case of the prosecution is that the petitioner was found in illegal transportation of one unit of river sand by using Tractor without any valid license. 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 13.08.2020.Hence, he prays to grant bail to the petitioner.
The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner was illegally transporting the one unit of river sand without any valid license by using Tractor. Hence, he opposed to grant bail to the petitioner.
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 Vishranthi Charitable Trust, Dena Bank, Alwarpet Branch, 83, TTK Road, Alwarpet, Chennai-600 018, A/c.No.086310000198, IFSC Code:BKND0620863, Swift Code/Branch Code : 600018007, 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 13.08.2020, 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 Vishranthi Charitable Trust, Dena Bank, Alwarpet Branch, 83, TTK Road, Alwarpet, Chennai-600 018, A/c.No.086310000198, IFSC Code: BKND0620863, Swift Code/Branch Code : 600018007, 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 for a sum of Rs.10,000/- (Rupees ten thousand only) each, before the learned District Munsif cum Judicial Magistrate, Pochampalli, within a period of two weeks from the date of 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 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. until further orders.
(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/- 09/09/2020 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,POCHAMPALLI 2 THE SUPERINTENDENT, CENTRAL PRISON,PUZHAL 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE MATHUR POLICE STATION, KRISHNAGIRI DISTRICT.
5 VISHRANTHI CHARITABLE TRUST, DENA BANK,ALWARPET BRANCH,83,TTK ROAD, ALWARPET,CHENNAI-600 018, A/C.NO.086310000198,IFSC CODE: BKND0620863 CC to M/S M.ILLIYAS Advocate on payment of necessary charges CRL OP.14016/2020 Date :09/09/2020 GKS:16/09/2020