Chinnadurai v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/03/2020 PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN Chinnadurai ... Petitioner/Accused 1 Vs State Rep.by The Inspector of Police, Kabishthalam Police Station, Thanjavur District.
Crime No.41 of 2020.
... Respondent/Complainant For Petitioner : M/s.K.S.Durai Pandian, Advocate.
For Respondent : Mr.S.Chandrasekar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- To enlarge the Petitioners on bail in Cr.No.41 of 2020 on the file of the Respondent Police.
ORDER : The Court made the following order :- This petition has been filed by the petitioner/ accused seeking bail for the alleged offence punishable under Sections 379 of IPC r/w. 21(1) Mines and Minerals (Development and Regulation) Act, 1957
2. The case of the prosecution is that the petitioner who was illicitly transporting 1⁄4 unit of river sand was apprehended along with bullock cart.
3. The petitioner was in incarceration from 12.02.2020. Being the first time offender he seeks bail since he is in jail for the past 35 days.
4. The learned Additional Public Prosecutor appearing for the State would submit that the petitioner was caught red handed while transporting river sand illegally. Since illicit sand mining has become rampant in Thanjavur District, taking note of the factual 1/3
circumstances the learned Principal Sessions Judge had dismissed the petition. There is no change in the facts and circumstances of the case to entertain the petition.
5. Taking note of the period of incarceration and the submission made by the learned Additional Public Prosecutor this Court is inclined to grant bail to the petitioner by imposing conditions.
6. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate cum Munsif, Papanasam; [a] the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;
[b]the petitioner shall deposit a sum of Rs.20,000/- (Rupees Twenty thousand only) to the credit of Crime No.41 of 2020 before the learned Judicial Magistrate cum Munsif, Papanasam, without prejudice his defence before the trial Court; [c] the petitioner shall stay of Pudukottai and report before the Pudukottai Town Police Station daily at 10.30 a.m., until further orders.
[d] the petitioner shall not abscond either during investigation or trial.
[e] the petitioner shall not tamper with evidence or witness 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 17/03/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO
1. THE JUDICIAL MAGISTRATE CUM MUNSIF, PAPANASAM.
2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.
3. THE INSPECTOR OF POLICE, KABISHTHALAM POLICE STATION, THANJAVUR DISTRICT.
4. THE INSPECTOR OF POLICE, PUDUKOTTAI TOWN POLICE STATION.
5. THE OFFICER INCHARGE,SUB JAIL, PAPANASAM.
6. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.K.S.DURAI PANDIAN, Advocate ( SR-5351[I] dated 17/03/2020 )
ORDER
IN CRL OP(MD) No.4712 of 2020 Date :17/03/2020 MS/VR/SAR-4/17.03.2020/3P.8C 3/3