Kathamuthu v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 10.11.2020 CORAM :

THE HON'BLE Mr. JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.No.17757 of 2020 Kathamuthu ... Petitioner Vs.

State Rep by:- The Inspector of Police, Perugavazhnthan Police Station, Mannargudi Taluk, Tiruvarur District.

(Crime No.950 of 2020) ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.950 of 2020 pending on the file of the The Inspector of Police, Perugavazhnthan Police Station, Mannargudi Taluk, Tiruvarur District. For Petitioners : Mr.S.Mayilnathan For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side) ***

O R D E R

(The cases have been heard through video conference) The petitioners, who were arrested and remanded to judicial custody on 27.10.2020 for the offences punishable under Sections 379 and 430 of IPC 1860, in Crime No.950 of 2020 on the file of the respondent police, seeks bail.

2.The case of the prosecution as per the defacto complainant, the Sub Inspector of Police is that on 27.10.2020, the petitioner was found illegally transporting 5 bags of river sand by using two wheeler, without any valid permission.

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 there is no other case pending against the petitioner and that the petitioner has been suffering incarceration from 27.10.2020. 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 illegaly transporting 5 bags of river sand in his two wheeler without any valid permission. He would further submit that there is no previous case against the petitioner.

5. Taking into consideration the facts and 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 Judicial Magistrate Court No-II, Mannargudi, 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/- 10/11/2020 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 JUDICIAL MAGISTRATE, NO.II, MANNARGUDI.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR [FOR INFORMATION] 3 THE JAILER SUB JAIL, MANNARGUDI.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE INSPECTOR OF POLICE, PERUGAVAAHNTHAN POLICE STATION, MANNARGUDI TALUK, TIRUVARUR DISTRICT.

+1 CC to M/S S.MAYILNATHAN Advocate on payment of necessary charges SR.No.7495 CRL OP.17757/2020 Date :10/11/2020 cs 11/11/2020