N.Tamilselvan v. The State, Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 04.11.2020 CORAM :
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.No.17276 of 2020 N.TAMILSELVAN ... Petitioner Vs.
The State, rep.by Inspector of Police, Harithuvaramangalam Police Station, Tiruvarur District.
(Crime No.401 of 2020) ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.401 of 2020 pending on the file of the respondent police. For Petitioner : Mr.B.Aravindan For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side)
O R D E R
(The cases have been heard through video conference) The petitioner, who was arrested and remanded to judicial custody on 27.09.2020 for the offences punishable under Section 379 of IPC R/W 21[1] of Mines and Minerals [Regulation and Development] Act, in Crime No.401 of 2020 on the file of the respondent police, seeks bail.
2.The case of the prosecution as per the defacto complainant, the Village Administrative Officer is that the petitioner was found taking Savudu Sand illegally in a Patta land by using JCB without any valid license or permission. 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. He would further submit that the petitioner has been suffering incarceration for more than 35 days from 27.09.2020. Hence, he prays for grant of bail.
4.The learned Government Advocate (Crl.Side) appearing for the respondent would vehemently oppose stating that the petitioner was found taking Vandal and Savudu sand from his land by digging below 10 feet without any permission. He would further submit that there is no previous case against the petitioner.
5.Taking into consideration of the facts and submissions made by the learned counsels and also taking into consideration of 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 District Munsif-cum-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/- 04/11/2020 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, NEEDAMANGALAM.
2 THE CHIEF JUDICIAL MAGISTRATE TIRUVARUR [FOR INFORMATION] 3 THE JAILER, DISTRICT PRISON, NAGAPATTINAM.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE INSPECTOR OF POLICE, HARITHUVARAMANGALAM POLICE STATION, TIRUVARUR DISTRICT.
+1 CC to M/S. B.ARAVINDAN Advocate on payment of necessary charges SR.No.7273 CRL OP.17276/2020 Date :04/11/2020 cs 05/11/2020