Kamaraj v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.12.2023
CORAM
THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Kamaraj S/o. Ekambaram ... Petitioner/Accused Vs.
The State rep. by:- The Sub Inspector of Police, Melpatti Police Station, Vellore District.
(Crime No. 267 of 2023) ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner / Accused-1 on bail pending investigation in Crime No.267 of 2023 on the file of the respondent. For Petitioner : Mr.S.Sivakumar For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl.Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 28.11.2023 for the offence punishable under Sections 379 and 430 of IPC in Crime No.267 of 2023 on the file of the respondent police, seeks bail. 1/6
2. The case of the prosecution is that the petitioner was alleged to have transported 1/4 unit of river sand in a bullock cart. Hence the complaint.
3. The learned counsel for the petitioner stated that the petitioner was 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 respondent stated that the petitioner has illegally transported 1/4 unit of river sand in a bullock cart. Hence, he vehemently opposed to grant bail to the petitioner.
5. In order to curb illegal sand mining activities, this Court is of the opinion that the petitioner is directed to deposit a sum of Rs.5,000/- (Rupees Five Thousand only) as non refundable deposit to the credit of the District Revenue Officer, Vellore District, without prejudice to his 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 2/6
to the petitioner subject to the following conditions: 8.Accordingly, the petitioner shall make a non refundable deposit of Rs.5,000/- (Rupees Five Thousand only) as a non-refundable deposit to the credit of the District Revenue Officer, Vellore District, without prejudice to his rights and contentions before the trial Court, on such deposit and production of proof,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 Judicial Magistrate, Gudiyattam, 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., for a period of two weeks and thereafter, as and when required for interrogation;
[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 3/6
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 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.
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To
1. The Judicial Magistrate, Gudiyatham.
2. The Central Prison, Vellore.
3. The Sub Inspector of Police, Melpatti Police Station, Vellore District.
4. The Public Prosecutor, High Court of Madras.
C.V.KARTHIKEYAN, J.
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