Bothagar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourth day of December Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.21362 of 2018 1 BOTHAGAR 2 SHANKAR 3 ARJUN 4 MANIKANDAN ... PETITIONERS / ACCUSED NO.1 TO 4 Vs STATE REP.BY THE INSPECTOR OF POLICE, EMANESWARAM POLICE STATION, RAMANATHAPURAM DISTRICT.

CRIME NO.158 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioners: Mr.M.S.JEYAKARTHIK, Advocate For Respondent : Mr.K.SUYAMBULINGA BHARATHI, Government Advocate(Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners were arrested and remanded to judicial custody since 20.11.2018 for the offences punishable under Section 379 of I.P.C., and section 21(1) of Tamil Nadu Mines and Minerals Regulation Development Act and Section 3 of Public Property (Damage & Loss) Act, in Crime No.158 of 2018, on the file of the respondent police, seek bail.

2. The case of the prosecution is that the petitioners took sand in the river bund and took four gunny bags of sand by using Two-wheelers.

3. The learned counsel for the petitioners would submit that the petitioners did not commit any offence as alleged by the respondent and in order to incriminate the petitioners, the above First Information Report was registered.

4. The learned Government Advocate (Crl.side) would submit that investigation is pending.

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5. Considering the facts and circumstances of the case and also considering the period of incarceration of the petitioners, this Court is inclined to grant bail to the petitioners.

6. Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Paramakudi and on further condition that:

[a] the petitioners shall report before the respondent police on everyday at 10.30 a.m., until further orders. [b] the petitioners shall not abscond either during investigation or trial.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

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

sd/- 04/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, PARAMAKUDI.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3. THE OFFICER INCHARGE, DISTRICT JAIL, RAMANATHAPURAM.

4. THE INSPECTOR OF POLICE, EMANESWARAM POLICE STATION, RAMANATHAPURAM DISTRICT.

5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to Mr.M.S.JEYAKARTHIK Advocate SR.No.22644 ORDER IN CRL OP(MD) No.21362 of 2018 Date :04/12/2018 MS/PN/SAR-2/04.12.2018/2P.7C https://hcservices.ecourts.gov.in/hcservices/