D.Muthusamy v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.09.2021
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.17249 of 2021 1.D.Muthusamy 2.R.Alaguvel ... Petitioners Vs.
The State rep, by ... Respondent Inspector of Police, Jamunamarathur Police Station, Thiruvannamalai District.
(Crime No.210 of 2021) PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioners on bail pending investigation in Crime No.210 of 2021 on the file of the respondent police.
For Petitioners : Mr.B.Sundarapandiyan For Respondent : Mr.A.Gopinath Government Advocate (Crl side)
ORDER
The petitioners who were arrested on 16.08.2021 and remanded to judicial custody for the offences under Sections 79 of The Juvenile Justice (Care and Protection of Children) Act, 2015, in Crime No.210 of 2021 on the file of the respondent police, seek bail.
2. The case of the prosecution is that the petitioners had used four number of minor child for Agriculture work. Hence, the complaint.
3. The learned counsel for the petitioners submitted that the petitioners are no way connected with the alleged offence and they have been falsely implicated in this case and the petitioners have been in jail from 16.08.2021. However, on instructions, the learned counsel further submitted that the petitioners, without prejudice their rights, on their own volition, are ready and willing to contribute a sum of Rs.25,000/- for the purpose of improving and maintaining the Arasuveli Government Tribal Residential High School
Jamunamarathur, Tiruvannamalai District.. Therefore, he prays to grant bail to the petitioners.
4. The learned Government Advocate (Crl.Side) appearing for the respondent submits that there is no previous case pending as against the petitioners. However, he vehemently opposed for grant of bail to the petitioners.
5. Considering the period of incarceration suffered by the petitioners and there is no previous case pending as against the petitioner, this Court is inclined to grant bail to the petitioners with certain conditions:
6. Accordingly, the petitioners are ordered to be released on bail on their executing a separate 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, Polur, Tiruvannamalai District. and on further condition that: (a ) the petitioners shall make a non-refundable deposit of Rs.
25,000/- (Rupees Twenty Five Thousand only) to the credit of the Chief Educational Officer, Tiruvannamalai District for the rehabilitation and improvement of the Arasuveli Government Tribal Residential High School Jamunamarathur, Tiruvannamalai District in the said District under necessary acknowledgement, without prejudice to their defence before the trial Court and submit the proof of payment of the said amount before the aforesaid learned Judicial Magistrate, who after perusing the challan/ receipt/acknowledgement, shall accept the sureties furnished by the petitioners; (b)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (c)the petitioners shall report before the respondent police, daily at 10.
30 a.m.
(d)the petitioners shall not tamper with evidence or witness either during investigation or trial;
(e)the petitioners shall not abscond either during investigation or trial;
(f)on breach of any of the aforesaid conditions, the learned 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]; and;
(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
7. In the result, this Criminal Original Petition is ordered and the Chief Educational Officer shall submit the necessary proof with regard to the expenditure incurred for the improvement/rehabilitation of the Schools in the District before the Director of School Education as and when such works are completed by utilising the money as ordered by this Court -sd/- 20/09/2021 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, POLUR, TIRUVANNAMALAI DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE TIRUVANNAMALAI [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, JAMUNAMARATHUR POLCIE STATION, THIRUVANNAMALAI DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE SUPERINTENDENT, CENTRAL JAIL, VELLORE 6 THE CHIEF EDUCATIONAL OFFICER TIRUVANNAMALAI DISTRICT +1 CC to M/S.B.SUNDARAPANDIYAN Advocate on payment of necessary charges SR.No.10283 CRL OP.17249/2021 Date :20/09/2021 APN 21/09/2021