Parthasarathi v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.11.2023
CORAM
THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Parthasarathi S/o. Geetharagavan ... Petitioner/ Accused No.1 Vs.
State rep. by The Inspector of Police, Edaiyur Police Station, Thiruvarur District.
Crime No.236 of 2023
...Respondent
Prayer: Criminal Original Petition filed under Section 439 of Cr.P.C. praying to enlarge the Petitioner on bail pending investigation in Crime No.236 of 2023 on the file of the respondent police. For Petitioner : Mr.Swamisubramanian For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl. Side) 1/6
ORDER
The petitioner seeks bail in Crime No.236 of 2023, registered by the respondent police for the offences punishable under Sections 379 of IPC and Section 21(1) of Mines and Minerals (Development & Regulation) Act, 1957 and he had been arrested and remanded to judicial custody on 30.10.2023.
2. The case of the prosecution is that the petitioner was alleged to have transported sand from the pond with help of Hitachi Vehicle without having any license or permit.
3. The learned counsel for the petitioner stated that the petitioner is an innocent and he has been falsely implicated in this case. He further stated that the petitioner is ready to abide by any condition imposed by this Court. Hence, he prays for grant of bail to the petitioner.
4. The learned Government Advocate (Crl. Side) for the 2/6
respondent stated that the petitioner has illegally transported sand from the pond with help of Hitachi Vehicle without having any valid license.
5. In order to curb illegal sand mining activities, this Court is of the opinion that the petitioner is directed to jointly deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand Five only) as non refundable deposit to the credit of District Revenue Officer, Thiruvarur District District, without prejudice to their rights and contentions before the trial Court.
6. Merely, because the petitioner 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.
7. Taking into consideration the facts and circumstances and the submissions made by the learned counsels, this Court is inclined to grant bail to the petitioner subject to the following conditions: 3/6
8. Accordingly, the petitioner shall make a non-refundable deposit of Rs.25,000/- (Rupees Twenty Five Thousand Five only) as non refundable deposit to the credit of District Revenue Officer, Thiruvarur District, and on such deposit and production of proof, the petitioner is ordered to be released on bail on executing 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, Thiruthuraipoondi, Thiruvarur District, and on further conditions that :- [a] 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.
[b] the petitioner shall report before the respondent Police everyday at 10.30 a.m., until further orders. [c] the petitioner shall not abscond either during investigation or trial.
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial. [e] On breach of any of the aforesaid conditions, the learned 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 4/6
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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
10.11.2023 smv To 1.The Judicial Magistrate, thiruthuraipoondi. 2.Sub-Jail, Thiruthuraipoondi.
3.The Inspector of Police, Edaiyur Police Station, Thiruvarur District.
4.The Public Prosecutor, High Court of Madras.
5/6
C.V.KARTHIKEYAN.
J.
smv 10.11.2023 6/6