Praveen Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Thirtieth day of May Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.7347 of 2019 PRAVEEN KUMAR ... PETITIONER /SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE, THIRUVAIYARU POLICE STATION, THANJAVUR DISTRICT.

(CRIME NO. 108 OF 2019) ... RESPONDENT / COMPLAINANT For Petitioner : MR.C.SHANMUGA SUNDARAM Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner / sole accused No.1, who was arrested and remanded to judicial custody on 04.05.2019 for the offence punishable under Section 379 of IPC r/w 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.108 of 2019, seeks bail.

2.The case of the prosecution is that the petitioner is alleged to have transported one unit of river sand illegally by using TATA ACE Vehicles. Thus, on complaint, a case has been registered against the petitioner.

3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he did not commit any offence as alleged by the prosecution and his name has been falsely implicated in this case.

4.The learned Additional Public Prosecutor appearing for the respondent police submitted that the stolen properties have been recovered and the investigation is not yet completed.

5.The submissions made by the learned counsel on either side are considered. It is alleged, during the time of occurrence, the petitioner being the driver of a vehicle took the sand without getting any permission from the appropriate authority. As of now, the property, which was used for commission of offence was recovered. Hence, further detention of the petitioner is not necessary for completing the investigation. Hence, considering the quantity of the sand, which was stolen away by the petitioner, period of incarceration and also considering the nature of offence committed by the petitioner, this Court is inclined to grant bail to the petitioner.

6. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions:

(i) the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Thiruvaiyaru.

(ii)the sureties shall submit a copy of their Aadhar Card or any other identity cards issued by the Government, in proof of their address, along with the surety bonds.

(iii) The petitioner shall deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) to the credit of Crime No.108 of 2019 before the learned Judicial Magistrate, Thiruvaiyaru, without prejudice to his defence before the Trial Court.

(iv) the petitioner shall report before the respondent police daily at 10.00 a.m for a period of three weeks and thereafter, as and when required for interrogation.

(v) the petitioner shall not tamper with evidence or witness either during investigation or trial.

(vi) the petitioner shall co-operate for the investigation and the trial. The petitioner shall not abscond either during investigation or trail and in event of the petitioner abscond, the respondent police shall register a case as provided under Section 229-A IPC. (vii) On breach of any of the aforesaid conditions, the anticipatory bail granted to the petitioners shall stand automatically cancelled and 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].

sd/- 30/05/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, THIRUVAIYARU.

2.DO THRO'THE CHIEF JUDICAIL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3.THE INSPECTOR OF POLICE, THIRUVAIYARU POLICE STATION, THANJAVUR DISTRICT.

4.THE SUPERINDENTENT, CENTRAL PRISON, TRICHY.

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

+1 CC to MR.C.SHANMUGA SUNDARAM, Advocate ( SR-8905[I] dated 30/05/2019 )

ORDER

IN CRL OP(MD) No.7347 of 2019 Date :30/05/2019 dss/ogy AE/MMS/SAR-IV (31.05.2019) 3P 7C