Martin v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.07.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.12698 of 2021

1. Martin (age 58 years) S/o.Amrose,

2. Selvam (age 48 years) S/o.Subban,

3. Siluvaimuthu, (age 34 years) S/o.Anthonysamy, ... Petitioners Vs.

State rep by The Inspector of Police, Sirumugai Police Station, Coimbatore District.

(Crime No.489 of 2021) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioners on bail in Crime No.489 of 2021 on the file of the respondent police.

For Petitioners : Mr.C.Ramkumar For Respondent : Mr.A.Gopinath Government Advocate (Crl side)

ORDER

The petitioners who were arrested on 04.07.2021 and remanded to judicial custody for the offences under Section 9(B)(1)(b) of the Indian Explosives Act, 1884 and Section 5 of Explosive Substance Act, 1908, in Crime No.489 of 2021 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the petitioners were found in reserved forest area with country made gun and a bag of explosives and they were attempting to hunt the wild animals in the forest. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are no way connected with the alleged offence and they have been falsely implicated in this case and the petitioners have been in jail from 04.07.2021. However, on instructions, the learned counsel further submitted that the petitioners, on their own volition, are ready to deposit an amount of Rs.10,000/- to the District Forest Officer, Coimbatore District for the purpose of providing facilities of the Wild Animals. Therefore, he prays to grant bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent submits that there is no previous case pending as against the petitioners. However, he vehemently opposed for grant of bail to the petitioners.

5. Considering the period of incarceration suffered by the petitioners and there is no previous case pending as against the petitioners,, this Court is inclined to grant bail to the petitioners with certain conditions:

6. Accordingly, the petitioners are ordered to be released on bail on their executing a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate Court, Mettupalayam, .and on further condition that: (a) the petitioners shall make a non-refundable deposit of Rs.10,000/- (Rupees Ten Thousand only) to the credit of the District Forest Officer, Coimbatore District, without prejudice to their defence before the trial Court and submit the proof of payment of the said amount before the aforesaid learned Judicial Magistrate, who after perusing the challan/ receipt/acknowledgment, shall accept the sureties furnished by the petitioners;

(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 petitioners shall report before the respondent police, daily at 10.30 a.m. until further orders; (d)the petitioners shall not tamper with evidence or witness either during investigation or trial; (e)the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]; and;

(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 29/07/2021 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, METTUPALAYAM.

2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, SIRUMUGAI POLICE STATION, COIMBATORE DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

6 THE DISTRICT FOREST OFFICER, COIMBATORE.

CC to M/S.C.RAMKUMAR Advocate on payment of necessary charges CRL OP.12698/2021 Date :29/07/2021 JPA 30/07/2021