Sekar v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 18.09.2020 CORAM :

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.No.14525 of 2020 Sekar ... Petitioner Vs.

State by The Inspector of Police, Muthupettai Police Station, Tiruvarur district.

Crime No.2320 of 2020 ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner/accused on bail in Crime No.2320 of 2020 on the file of the Inspector of Police, Muthupettai Police Station, Tiruvarur District. For Petitioner : Mr.M.Jaikumar 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 26.08.2020 for the offences punishable under Section 379 of IPC and Section 21(1) of Mines and Minerals (Development and Regulation) Act in Crime No.2320 of 2020, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner had illegally transported one unit of sand in a tipper vehicle, without any permit or valid license. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case. On instruction, he would further submit that taking into consideration of the Covid pandemic situation, the petitioner without prejudice to his defence, is prepared to make considerable donation to any charitable Organization or Association, and that the petitioner has been suffering incarceration from 26.08.2020. Hence, he prays to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) would submit that the petitioner had illegally transported one unit of sand in a Tipper vehicle without any valid license or permit. Hence he vehemently opposed to grant bail to the petitioner. He would further submit that the petitioner has no previous case.

5. In order to curb the illegal sand mining activities and taking into consideration the voluntary submission made by the petitioner offering to donate/pay considerable amount to any charitable organization or association this Court is of the opinion that the petitioner shall be directed to make a payment / donation for a sum of Rs.10,000/- (Rupees Ten Thousand only) to the Madras High Court Advocates Clerks Welfare Association, High Court of Madras, Indian Bank, High Court Branch, S.B.A/c. No.484077244, IFSC.No.IDIB000M157, and on such payment and production of proof he shall be released on bail on his executing a 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; (a) the petitioner shall within a period of two weeks from the date of the commencement of the Court's normal functioning, execute two sureties for a sum of Rs.

(b) 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. (c) the petitioner shall report before the respondent police every day at 10.30 a.m. for a period of two weeks and thereafter on every Monday at 10.30 a.m. until further orders. (d) 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;

(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.

6. With the above directions, this Criminal Original Petition is ordered.

-sd/- 18/09/2020 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 JUDICIAL MAGISTRATE, THIRUTHURAIPOONDI 2 THE JAILER, SUB JAIL,MANNARGUDI 3 THE PUBLIC PROSECUTOR,HIGH COURT, MADRAS. 4 THE INSPECTOR OF POLICE, MUTHUPETTAI POLICE STATION, TIRUVARUR DISTRICT.

THE MADRAS HIGH COURT ADVOCATES CLERKS WELFARE ASSOCIATION, HIGH COURT OF MADRAS,INDIAN BANK,HIGH COURT BRANCH, S.B.A/C. NO.484077244, IFSC.NO.IDIB000M157 CC to M/S M.JAIKUMAR Advocate on payment of necessary charges CRL OP.14525/2020 Date :18/09/2020 GKS:22/09/2020