Soundarajan v. Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.12.2023

CORAM

THE HON'BLE MR. JUSTICE P.DHANABAL Soundarajan ... Petitioner Vs.

The State rep by The Sub-Inspector of Police, Vaniyambadi Taluk Police Station Vellore District Crime No.550 of 2023 ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner / Accused on bail in Crime No.550 of 2023 pending on the file of the respondent Police. For Petitioner : Mr.S.Paul Gnanamuthu For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor

ORDER

The petitioner who was arrested and remanded to judicial custody on 08.12.2023 for the offences punishable under Sections 379, 430 of IPC in Crime No.550 of 2023 on the file of the respondent Police, seeks bail. 1/5

2.The case of the prosecution is that the petitioner was found to transporting 1/4 unit of river sand in a bullock cart. Hence, the complaint. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and she has been falsely implicated in this case. He further submitted that the petitioner has been in judicial custody from 08.12.2023 and hence, he seeks for granting of bail to the petitioner. 4.The learned Additional Public Prosecutor for the respondent submitted that the petitioner was found in illegal possession of 1/4 unit of river sand. She further submitted that co-accused were arrested and released on bail and the stolen property was also recovered from the petitioner and there are no previous cases pending against the petitioner. Hence, she opposed for granting of bail to the petitioner. 5.

Heard both side and perused the materials available on record. 6.

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 Court, Vaniyambadi, Vellore District and on further conditions that:

[b] the petitioner shall report before the Respondent Police, on every Saturday at 10.00 a,m for a period of four weeks. [c] the petitioner shall not commit any offences of similar nature. [d] the petitioner shall not abscond either during investigation or trial.

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[f] 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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To

1. The Judicial Magistrate, Vaniyambadi, Vellore District.

2. The Sub-Inspector of Police, Vaniyambadi Taluk Police Station Vellore District

3. The Central Prison Vellore.

4. The Public Prosecutor, High Court of Madras.

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P.DHANABAL, J.

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