Ravan Papaiah v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 11.12.2020 CORAM :
THE HON'BLE Mr. JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.No.19696 of 2020 Ravan Papaiah ... Petitioner Vs.
State represented by The Inspector of Police FRO Gummidipoondi Police Station, Tiruvallur District.
(STOR.No.03 of 2019) ... Respondent Common Prayer: Criminal Original Petition is filed under Section 439 of Cr.P.C, to enlarge the petitioner on bail in STOR.No.03 of 2019 on the file of the respondent police.
For Petitioner : Mr.S.N.A.Hussainy 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 11.10.2020 for the offence punishable under Section 35(b), (Vth Act) TN Forest Act & 10 TN Timber Transit Rules in STOR.No.03 of 2019, seeks bail.
2. The case of the prosecution as per the de facto complainant The Forest Range Officer is that the petitioner was found in illegal transportation of 31 pieces of red sandals worth about Rs.3,21,200/-. 3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would submit that the petitioner was arrested on 11.10.2020 and he is in custody for more than 60 days. Hence, he prays for grant of bail to the petitioner.
4. The learned Government Advocate (Crl. Side) appearing for the respondent police would vehemently oppose stating that the petitioner illegally transported 31 pieces of red sandalwood worth about Rs.31,21,200/-.
5. Taking into consideration the facts and circumstances of the case and the submissions of the learned Counsels 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 District Munsif-cum-Judicial Magistrate, Gummidipoondi 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 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/- 11/12/2020 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, GUMMIDIPOONDI 2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR(FOR INFORMATION) 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, FRO GUMMUDIPOONDI POLICE STATION, THIRUVALLUR DISTRICT.
5 THE OFFICER INCHARGE, SUB JAIL, TIRUVALLUR CC to M/S.S.N.A.HUSSAINY Advocate on payment of necessary charges CRL OP.19696/2020 Date :11/12/2020 RVR 14/12/2020