Nallamuthu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/01/2021 PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR Nallamuthu ... Petitioner/Accused No.1 Vs State Rep. by The Inspector of Police, Jambunathapuram Police Station, Jambunathapuram, Trichy District.

Crime No.548/2020.

... Respondent/Complainant For Petitioner : Mr.Arunraj.K, Advocate.

For Respondent : Mr.A.P.G.Ohm Chairma Prabhu, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 548/2020 on the file of the respondent Police ORDER : The Court made the following order :- The petitioner/A1 herein who were arrested and remanded to judicial custody on 22.12.2020 for the alleged offence under Sections 379 of IPC r/w. Section 21(1) of Mines and Minerals (Development and Regulation) Act 1957, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner has committed a theft of 4 units of sand using lorry without permission from the authorities. Hence the complaint 3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in the above case. He would also submit that the sand has been recovered and the petitioner is in jail for more than 20 days, hence he may be granted bail.

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4.The learned Government Advocate(Crl.Side) appearing for the State would submit that there are four accused in this case and the petitioner herein is arrayed as A1. He would also submit that A3 and A4 were released on bail and the sand was recovered by the respondent police. He would also submit that two previous case is pending against the petitioner.

5.Taking into consideration the facts and circumstances of the case and also taking into consideration the period of incarceration and also taking note of the fact that co- accused in this case were released on bail and the sand was recovered, this Court is inclined to grant bail to the petitioner by imposing conditions. 6.Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions:

[a] the petitioner shall draw a demand draft in favour of Dean, Trichy Medical College Hospital for a sum of Rs.40,000/- (Rupees Forty Thousand only)without prejudice to his rights and contentions before the trial Court. The petitioner shall produce the proof of remittance /submission of Demand Draft to Dean while executing sureties.

[b] On acknowledgment of the same by the Dean, Trichy Medical College Hospital, the petitioner shall 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, Thuraiyur [c] the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;

[d] the petitioner shall report before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter as and when required for interrogation.

[e]the petitioner shall not abscond either during investigation or trial.

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

[g]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 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

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

sd/- 27/01/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE JUDICIAL MAGISTRATE, THURAIYUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3 THE INSPECTOR OF POLICE, JAMBUNATHAPURAM POLICE STATION, JAMBUNATHAPURAM, TRICHY DISTRICT .

4 THE SUPERINTENDENT, CENTRAL JAIL, TRICHY.

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

COPY TO:

THE DEAN, TRICHY MEDICAL COLLEGE HOSPITAL, TRICHY.

ORDER

IN CRL OP(MD) No.1091 of 2021 Date :27/01/2021 AAV JM/PN/SAR II/27.01.2021/3P/7C 3/3