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Madras High CourtCRL OP(MD)/1927/2024granted

Aravind v. The Inspector Of Police

2024-02-08Honourable Mr Justice M.Dhandapani5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/02/2024 PRESENT The Hon`ble Mr.Justice M.DHANDAPANI Aravind, ... Petitioner/Sole Accused Vs The Inspector of Police, Thiruvaiyaru Police Station, Thanjavur District.

Crime No.52 of 2024.

... Respondent/Complainant For Petitioner : Mr.A.Sivasubramanian Advocate.

For Respondent : Mr.B.Nambi Selvan, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.52 of 2024 on the file of the Respondent Police. 1/5

ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested and remanded to judicial custody on 29.01.2024 for the alleged offence punishable under Section 379 of I.P.C and Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.52 of 2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner was found in illegal transportation of four gunny bags of river sand. 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 29.01.2024.

However, on instruction, he would further submit that the petitioner, without prejudice to his rights, is ready to deposit a sum of Rs.5,000/- 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 4 gunny bags of river sand illegally.

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5.Considering the facts and circumstances of the case and also considering the quantum of sand involved in this case, 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 sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Thiruvaiyar, 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.5,000/- (Rupees Five 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; 3/5

(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 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/- 08/02/2024 / TRUE COPY / 08/02/2024 Sub-Assistant Registrar (CS-II ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO

1. THE JUDICIAL MAGISTRATE, THIRUVAIYAR.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJORE DISTRICT @ KUMBAKONAM.

3. THE OFFICER IN CHARGE, SUB JAIL, THANJAVUR.

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

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.

ORDER

IN CRL OP(MD) No.1927 of 2024 Date :08/02/2024 RK/RL (08/02/2024) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5