Sathiskumar 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.17844 of 2020 1.Sathishkumar 2.Dineshkumar ... Petitioners Vs.
State Rep by:- The Inspector of Police, Valangaiman Police Station, Thiruvarur District.
(Crime No.2050 of 2020) ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Criminal Procedure Code to enlarge the petitioners on bail in Crime No.2050 of 2020 on the file of the Inspector of Police, Valangaiman Police Station, Thiruvarur District.
For petitioners : Mr.Swami Subramanian 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 01.11.2020 for the offences punishable under Sections 379 and 430 of IPC in Crime No.2050 of 2020 on the file of the respondent police, seeks bail.
2. The case of the prosecution as per the Inspector of Police is that on 01.11.2020, the petitioners herein had illegally transported two units of river sand by using Lorry bearing Registration No.TN 49 AF 6511 without any valid permission. Hence, the complaint.
3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in this case. On instruction, he would further submit that the petitioners are prepared to make considerable donation to any charitable Organization or Association, and that the petitioners have been suffering incarceration from 01.11.2020. Hence, he prays for grant of bail to the petitioners.
4. The learned Government Advocate (Crl. Side) would vehemently oppose stating that on 01.11.2020, the petitioners herein had illegally transported two units of river sand by using Lorry bearing Registration No.TN 49 AF 6511 without any valid permission. Hence, he opposed for grant of bail to the petitioners.
5. In order to curb the illegal sand mining activities and taking into consideration the voluntary submission made by the petitioners offering to donate/pay considerable amount to any charitable organization or association this Court is of the opinion that each of the petitioner shall be directed to make a payment / donation for a sum of Rs.10,000/- (Rupees Ten Thousand only) to the "Chief Minister's Public Relief Fund, Indian Overseas Bank, Secretariat Branch, Chennai SB.A/c.
No.117201000000070, IFSC Code.
No.IOBA0001172" and on such payment and production of proof they shall 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 District Munsif Cum Judicial Magistrate, Valangaiman, Thiruvarur District. and on further conditions that;
(a) Merely, because the petitioners deposits the said amount, it would not amount to admission of his guilt. Therefore, it is open to the trial Court to deal with the case independently. (b) the petitioners shall report before the respondent police every day at 10.30 a.m. for a period of two weeks and thereafter on every Monday at 10.30 a.m. until further orders. (c) 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; (d) the petitioners shall not commit any offences of similar nature;
(e) the petitioners shall not abscond either during investigation or trial;
(f) the petitioners 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 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];
(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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, VALANGAIMAN, THIRUVARUR DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR [FOR INFORMATION] 3 THE JAILER SUB JAIL, THIRUTHURAIPOONDI.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE INSPECTOR OF POLICE, VALANGAIMAN POLICE STATION, THIRUVARUR DISTRICT.
6 THE CHIEF MINISTER'S PUBLIC RELIEF FUND, INDIAN OVERSEAS BANK, SECRETARIAT BRANCH, CHENNAI SB.A/C. NO.117201000000070, IFSC CODE. NO.IOBA0001172 CC to M/S.SWAMI SUBRAMANIAN Advocate on payment of necessary charges CRL OP.17844/2020 Date :10/11/2020 cs 11/11/2020