Danush v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/02/2024 PRESENT The Hon`ble Mr.Justice M.DHANDAPANI 1.Danush 2.Karthikeyan ... Petitioners/Accused Nos.1 and 2 Vs The State Represented by The Inspector of Police, Vallam Police Station, Thanjavur District.
( In Crime No.39 of 2024) ... Respondent/Complainant For petitioners : Mr.R.L.Dhilipan Pandian,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. 39 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- 1/5
The petitioners/ Accused Nos.1 and 2, who were arrested and remanded to judicial custody on 27.01.2024 for the offences under Section 379 of IPC, in Crime No.39 of 2024, on the file of the respondent Police, seek bail.
2. The case of the prosecution is that the petitioners have illegally transported 1⁄2 unit of river sand by using Tata Intra Van. Hence, the complaint.
3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. The petitioners did not commit any allegation as alleged by the prosecution. However, the petitioners are ready to deposit a sum of Rs.10,000/- jointly, to the credit of the District Legal Service Authority, Thanjavur District, without prejudice to their defence before the trial Court.
4.The learned Additional Public Prosecutor submitted that the petitioners have illegally transported 1⁄2 unit of river sand by using Tata Intra Van.
5. Considering the facts and circumstances of the case and also considering the period of incarceration suffered by the petitioners, this Court is inclined to grant bail to the petitioners with certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate 2/5
No.II, Thanjavur District, and on further conditions that: (a)as per the undertaking given by the petitioners, the petitioners shall make a non-refundable deposit of Rs.10,000/- (Rupees Ten Thousand only) jointly, to the District Legal Service Authority, Thanjavur District, without prejudice to their rights and contentions before the trial Court and produce the receipt/acknowledgment before the trial Court while executing the sureties; (b) 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) the petitioners are directed to appear before the respondent police daily at 10.30 a.m until further orders;
(c)the petitioners shall not tamper with evidence or witness either during investigation or trial;
(d)the petitioners shall not abscond either during investigation or trial; (e)on breach of any of the aforesaid conditions, 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]; and; 3/5
(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 07/02/2024 / TRUE COPY / 0702/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
SSB TO THE JUDICIAL MAGISTRATE NO.II THANJAVUR DISTRICT.
DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT @ KUMBAKONAM.
THE INSPECTOR OF POLICE VALLAM POLICE STATION, THANJAVUR DISTRICT.
THE OFFICER INCHARGE SUB JAIL, PAPANASAM, THANAJVAUR DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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COPY TO THE OFFICER INCHARGE DISTRICT LEGAL SERVICE AUTHORITY, THANJAVUR DISTRICT.
+1 CC to M/s.R.L.DHILIPAN PANDIAN, Advocate ( SR-1551[I] dated 07/02/2024 )
ORDER
IN CRL OP(MD) No.1866 of 2024 Date :07/02/2024 PKP/07.02.2024/ 5P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5