Dhinakaran v. State By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.10.2020
CORAM
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.16371 of 2020 Dhinakaran .. Petitioner Vs.
State by: Inspector of Police Harithuvaramangalam Police Station Thiruvarur District Cr.No.313 of 2020 .. Respondent Prayer: Criminal Original Petition filed under Section 439 Cr.P.C. to enlarge the petitioner on bail in Crime No.313 of 2020 on the file of the respondent police.
For Petitioner : Mr.M.Balaji 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 20.09.2020 for the offences punishable under Section 379 IPC and 21 (1) Mines and Minerals Act 1957, in Crime No.313 of 2020 on the file of the respondent police, seeks bail.
2.The case of the prosecution is that the petitioner was found to be illegally transporting half unit of river sand in a Tractor, without any permit or valid licence.
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. He would further submit that the petitioner was arrested and remanded to judicial custody on 20.09.2020 and he has been suffering incarceration since then. Hence, he prays for grant of bail to the petitioner.
4.The learned Government Advocate (Crl. Side) would vehemently oppose stating that the petitioner was found to be illegally transporting half unit of river sand in a Tractor without any valid permit and licence. He would further submit that the petitioner has got no previous cases to his credit.
5.Taking into consideration of the above facts and circumstances and the submissions made by the learned Counsels and the fact that there is no previous case against the petitioner and also considering
the period of incarceration suffered by the petitioner, 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 execute a 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, Needamangalam, and on further conditions that;
(b) 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; (c) the petitioner on his release from prison, shall report before the respondent police everyday at 10.30 a.m. until further orders.
(d) the petitioner shall not commit any offences of similar nature;
(e) the petitioner shall not abscond either during investigation or trial;
(f) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(g) 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];
(h) 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/- 15/10/2020 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, NEEDAMANGALAM.
2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR(FOR INFORMATION) 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 INSPECTOR OF POLICE, HARITHUVARAMANGALAM POLICE STATION, THIRUVARUR DISTRICT, 5 THE OFFICER INCHARGE, THIRUVARUR PRISON, THIRUVARUR.
CC to M/S. M.BALAJI Advocate on payment of necessary charges Sr.6967 CRL OP.16371/2020 Date :15/10/2020 RVR 16/10/2020