Dhilipan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/03/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR Dhilipan ... Petitioner/2nd Accused Vs The State Rep. By, The Inspector of Police, Ammapettai Police Station, Thanjavur District.
Cr.No. 82 of 2022.
... Respondent/Complainant For Petitioner : M/s.Karunakaran K.M.
Advocate.
For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.82 of 2022 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/A2, who was arrested and remanded to judicial custody on 03.03.2022 for the offences punishable under Sections 294 (b), 353, 307 and 379 of IPC r/w Section 21(4) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.82 of 2022, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that on 28.01.2022, when the respondent police conducted a vehicle check up, they found that TATA 407 Van coming with one unit of river sand. On seeing the respondent police, the petitioner along with A1 has prevented the Government official from discharging their duties, abused them in filthy language and also attempted to murder them. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that A1 was already arrested and released on bail by this Court in Crl.O.P.(MD) 1/3
No.3703 of 2022 on condition to deposit a sum of Rs.25,000/- to the credit of the District Mineral Foundation Trust, Thanjavur District. However, he would further submit that the petitioner, without prejudice to his right, is ready to deposit the amount that may be imposed by this Court.
4.The learned Additional Public Prosecutor would submit that no one was injured in this case.
5.Considering the above facts and circumstances and also taking note of the fact that the petitioner is in judicial custody from 03.03.2022 and also the facts that no one was injured in this case and that A1 was already arrested and released on bail by this Court, this Court is inclined to grant bail to the petitioner subject to the following conditions:
6.Accordingly, the petitioner shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of the District Mineral Foundation Trust, Thanjavur District without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before the learned Judicial Magistrate, Papanasam, Thanjavur District.
7.On such deposit, the petitioner is ordered to be released on bail on condition that 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, Papanasam, Thanjavur District and on further conditions that:
(a)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity;
(b)the petitioner shall report before the respondent police daily at 10.30 a.m. for a period of one month and thereafter, as and when required for interrogation;
(c)the petitioner shall not tamper with the evidence or witness either during investigation or trial;
(d)the petitioner 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 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; 2/3
(f)if the accused / petitioner thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 18/03/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO
1. THE JUDICIAL MAGISTRATE, PAPANASAM, THANJAVUR DISTRICT.
2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.
3. THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.
4. THE INSPECTOR OF POLICE, AMMAPETTAI POLICE STATION, THANJAVUR DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO :
THE OFFICER-INCHARGE, DISTRICT MINERAL FOUNDATION TRUST, THANJAVUR DISTRICT.
ORDER
IN CRL OP(MD) No.4733 of 2022 Date :18/03/2022 USK/PN/SAR-I/18.03.2022/3P/7C 3/3