Joyal @ Innasent Joyasrosas v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/01/2023 PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA Joyal @ Inocent Joyel Roses ... Petitioner/Accused No.1 Vs The State Rep. by, The Inspector of Police, Pattukottai Town Police Station, Thanjavur District.
(Crime No.1450 of 2022).
... Respondent/Complainant For Petitioner : M/s.Sathya Chidambaram.S, Advocate.
For Respondent : Mr.T.Senthil Kumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.1450 of 2022 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody on 12.12.2022 for the offence punishable under Sections 379 IPC and Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.1450 of 2022 on the file of the respondent police, seeks bail.
2.The case of the prosecution is that on 12.12.2022 the petitioner committed a theft of 1⁄2 unit of river sand using TATA 407 van. Hence, the complaint.
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 further submit that without prejudice, the petitioner is ready and willing to deposit a sum of Rs.5,000/- (Rupees Five Thousand only) to any welfare scheme. He would further submit that the petitioner is in custody from 12.12.2022, hence, he seeks for bail.
1/3
4.The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner committed a theft of 1⁄2 unit of river sand using a TATA 407 van and caused environmental degradation by taking river sand. Hence, he opposed for grant of bail to the petitioner. He would further submit that two previous cases are pending against the petitioner.
5.Heard. Perused the materials available on record including the First Information Report.
6.Taking into consideration of the facts and submissions made by the learned counsels and also taking into consideration the period of incarceration, 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 Judicial Magistrate, Pattukottai, Thanjavur District, and on further conditions that: (b) the petitioner shall deposit a sum of Rs.5,000/- (Rupees Five Thousand only) as non refundable deposit by way of Demand Draft/RTGS/NEFT to the Madurai Bench High Court Advocates Association (MBHAA), A/c No.
(d) the petitioner shall report before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter, every Saturday at 10.30 a.m., until further orders; (e) the petitioner shall not commit any offences of similar nature;
(f) the petitioner shall not abscond either during investigation or trial;
(g) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(h) 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];
2/3
(i) if the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
sd/- 10/01/2023 / TRUE COPY / 10/01/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
AAV TO
1. THE JUDICIAL MAGISTRATE, PATTUKKOTTAI, THANJAVUR DISTRICT.
2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.
3. THE OFFICER-INCHARGE, SUB-JAIL, THANJAVUR.
4. THE INSPECTOR OF POLICE, ADIRAMPATTINAM POLICE STATION, THANAJVUR DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO :
THE OFFICER-INCHARGE, MADURAI BENCH HIGH COURT ADVOCATES ASSOCIATION (MBHAA), MADURAI.
+1 CC to M/s.SATHYA CHIDAMBARAM.S, Advocate ( SR-471[I] dated 10/01/2023 )
ORDER
IN CRL OP(MD) No.497 of 2023 Date :10/01/2023 USK/SSS/SAR- /10.01.2023/3P/8C 3/3