Kumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31/01/2024 PRESENT The Hon`ble Mr.Justice M.DHANDAPANI Kumar ... Petitioner/Sole Accused Vs The Inspector of Police, Aralvoimozhi Police Station, Aralvoimozhi, Kanniyakumari District.
Crime No.13/2024.
... Respondent/Complainant For Petitioner : Mr.K.Muthurakkan, Advocate.
For Respondent : Mr.B.Nambiselvan, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.13 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested and remanded to judicial custody on 14.01.2024 for the alleged offence punishable under Section 379 of I.P.C, in Crime No.13 of 2024 on the file of the respondent Police, seeks bail. 1/5
2. The case of the prosecution is that on 14.01.2024 at about 4.00 p.m, after getting the secret information, when the defacto complainant and his Police team went to the occurrence place, the petitioner was found in illegal transportation of 1⁄2 unit of odai sand through tempo vehicle. Hence the complaint.
3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution. He would further submit that the petitioner is in judicial custody from 14.01.2024. However, on instruction, he would further submit that the petitioner, without prejudice to his rights, is ready to deposit a sum of Rs.10,000/- to the High Court Environmental Committee and hence, he prays for bail.
4. The learned Additional Public Prosecutor appearing for the respondent Police strongly opposed to grant bail stating that the petitioner had transported 1⁄2 unit of odai sand illegally. Further he would submit that three previous cases are pending against the petitioner.
5. Considering the facts and circumstances of the case and also considering the amount of sand involved, this Court is inclined to grant bail to the petitioner, subject to the following conditions:
6. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two 2/5
sureties, each for a like sum to the satisfaction of the Judicial Magistrate cum District Munsif Court, Boothapandi, Kanniyakumari District, 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) as per the undertaking given by the petitioner, the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of the Environmental Committee Operated by Registrar (Judicial) [Account No.7633863037; MICR Code: 625019020, CIF No: 30602376727, IFSC Code: IDIB000H040, High Court Branch, Madurai (2001)], without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before the trial Court while executing the sureties; (c) the petitioner is directed to appear before the respondent police as and when required for interrogation.
(d)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(e)the petitioner shall not abscond either during investigation or trial; (f)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial 3/5
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]; and; (g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 31/01/2024 / TRUE COPY / 31/01/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.
INDU TO 1 THE JUDICIAL MAGISTRATE CUM DISTRICT MUNSIF, BOOTHAPANDI, KANNIYAKUMARI DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANNIYAKUMARI DISTRICT AT NAGERCOIL.
3 THE INSPECTOR OF POLICE ARALVOIMOZHI POLICE STATION, ARALVOIMOZHI, KANNIYAKUMARI DISTRICT.
4/5
4 THE OFFICER INCHARGE, DISTRICT JAIL, NAGERCOIL.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:
THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.N.PRAGALATHAN, Advocate ( SR-1205[I] dated 31/01/2024 )
ORDER
IN CRL OP(MD) No.1360 of 2024 Date :31/01/2024 SS/SAR- /31/01/2024/5P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5