J. Prakash, S/O.James, v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Ninth day of May Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.7621 of 2019 J. PRAKASH, ... PETITIONER /SOLE ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE, THIRUVAIYARU POLICE STATION, THANJAVUR DISTRICT.

(CRIME NO.88 OF 2019) ... RESPONDENT / COMPLAINANT For Petitioner : MR.T.INDRACHITHU Advocate For Respondent : MR.R.ANANDARAJ, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused, was arrested and remanded to judicial custody on 23.04.2019 for the offences punishable under Section 379 of I.P.C. read with Section 21(1) of Mines and Minerals Act, 1957 in Crime No. 88 of 2019, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner is alleged to have transported 1⁄2 unit of sand illegally by using bullock cart. 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 property, which was used for commission of offence, was recovered and the investigation is not yet completed.

5.The submissions made by the learned counsel on either side are considered.

6. Since the property used for the commission of offence was recovered, further detention of the petitioner is not necessary for completing investigation, further the petitioner is in judicial custody from 23.04.2019. Hence, in the said circumstances, considering the period of incarceration, I am of the opinion that this is a fit case for granting bail. Accordingly, the petitioner is ordered to be released on bail subject to some stringent 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, Thiruvaiyar, Thanjavur District.

(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.88 of 2019 before the learned Judicial Magistrate, Thiruvaiyaru, Thanjavur District without prejudice to his defence before the trial Court. (iv) the petitioner shall stay at Viralimalai and report before the Inspector of Police, Kulithalai Police Station, daily at 10.00 a.m., for a period of 3-weeks and thereafter, as and when required for interrogation.

(v) the petitioner shall not tamper with the 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 trial and in event of the petitioner abscond, the respondent police shall register a case as provided under Section 229-A of I.P.C.

(vii). on breach of any of the aforesaid conditions, the 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 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/- 29/05/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, THIRUVAIYAR, THANJAVUR DISTRICT.

2 DO THRO'THE CHIEF JUDICAIL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM 3 THE INSPECTOR OF POLICE, THIRUVAIYARU POLICE STATION, THANJAVUR DISTRICT.

4 THE INSPECTOR OF POLICE, KULITHALAI POLICE STATION, KARUR DISTRICT.

5 THE SUPERINDENTENT, CENTRAL PRISON, TRICHY 6 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to MR.T.INDRA CHITHU, Advocate ( SR-8805[I] dated 29/05/2019 )

ORDER

IN CRL OP(MD) No.7621 of 2019 Date :29/05/2019 ksa AE/MMS/SAR-IV (30.05.2019) 3P 8C