Prasamna Ravi, v. The States Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.05.2024
CORAM
THE HON'BLE MR. JUSTICE R.SAKTHIVEL Prasanna Ravi S/o.Thangarasu Ravi
...Petitioner/Accused No.1
Vs.
The States represented by Inspector of Police Sembanarkovil Police Station Mayiladuthurai District.
(Crime No.125 of 2024) ...Respondent/Complainant PRAYER: Criminal Original Petition is filed under Section 438 of Cr.P.C., 1973 (Act No.2 of 1974), praying to grant an order of pre-arrest bail to the petitioner/accused in Crime No.125 of 2024 on the file of the respondent police.
For Petitioner : Mr.N.Cinnaraj For Respondent : Mr.C.E.Pratap Government Advocate (Crl. Side) 1/7
ORDER
This Criminal Original Petition has been filed by the petitioner on 13.05.2024 under Section 438 of the Criminal Procedure Code, 1973 (Act No.2 of 1974) praying to grant an order of pre-arrest bail. 2.The petitioner/accused, apprehends the arrest at the hands of the respondent police for the alleged offences punishable under Section 379 of the Indian Penal Code r/w Section 21 (1) of the Mines & Minerals (Development & Regulation) Act, 1957, in Crime No.125 of 2024 on the file of the respondent police.
3.The case of the prosecution is that on 08.05.2024 at about 22.00 p.m., when the respondent police were patrolling duty to prevent the theft of river sand, the police found that the petitioner has illegally excavated and transported 1⁄2 unit of river sand in a Ashok Leyland Mini Auto bearing Reg.No.TN-11C-9627 without any valid permission. Hence the 2/7
case.
4.The learned counsel for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution; and that the respondent-police registered the case only for statistical purpose. He further submitted that the petitioner has permanent residence and has deep roots in the Society and that he is ready to obey the condition if any imposed by this Court. Accordingly, he prayed to grant an order of pre-arrest bail to the petitioner. 5.The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner excavated and transported 1⁄4 unit of river sand in a Ashok Leyland Mini Auto and that the petitioner has no previous case similar to that of this case. Accordingly, he prayed to dismiss this Criminal Original Petition.
6.Heard on both sides. This Court has perused the records. 7.The prosecution case is that the petitioner illegally excavated and transported 1⁄2 unit of river sand in Ashok Leyland Mini Auto bearing 3/7
Regn.No.TN-11-C-9627 without any valid license.
8. Considering the quantity of river sand allegedly excavated and the fact that he has no previous case and the fact that he has deep roots in the society and with a view to give an opportunity to the petitioner to reform himself, this Court grants an order of pre-arrest bail to the petitioner subject to the following conditions. (i) The petitioner shall be released on bail in the event of his arrest or in the event of his surrender before the learned Judicial Magistrate, Tharangambadi, within a period of 15 days from today, on executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties each for a like sum of Rs.20,000/- (Rupees Twenty Thousand only) to the satisfaction of the learned Judicial Magistrate, Tharangambadi;
(ii) The petitioner shall appear and sign before respondent Police, daily at 10.00 a.m., until further orders;
(iii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Judicial Magistrate shall obtain a copy of any one of identity proofs to ensure their identity;
(iv) The petitioner shall make himself available for interrogation by police as and when required;
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(v) The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
(vi) The petitioner shall not leave India without the prior permission of the Jurisdictional Judicial Magistrate Court/Trial Court; and (vii) On breach of any of the aforementioned conditions, the learned Judicial Magistrate/Trial Judge is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by themselves as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) 13 SCC 283].
8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.
16.05.2024 Index : Yes/No Internet : Yes/No Speaking order / Non-speaking order dna/rsi 5/7
Note:-
1. Registry is directed to forthwith upload this order in the official website of this Court.
2. All concerned to act on this order being uploaded in official website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code.
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R.SAKTHIVEL.
J., dna/rsi To
1. The Judicial Magistrate, Tharangambadi.
2.The Inspector of Police Sembanarkovil Police Station Mayiladuthurai District.
3.The Public Prosecutor, High Court of Madras.
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