Gobu v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/03/2020 PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN
1. GOBU
2. KANNAN ... PETITIONERS/ACCUSED NO.1 & 2 VS STATE REP. BY THE INSPECTOR OF POLICE, AYYAMPETTAI POLICE STATION, THANJAVUR DISTRICT, CRIME NO. 81 OF 2020.
... RESPONDENT/COMPLAINANT For Petitioners : M/s. A.S.Vaigunth, Advocate.
For Respondent : Mr.S.Chandrasekar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No. 81 of 2020 on the file of the Respondent Police ORDER : The Court made the following order :- This petition has been filed by the petitioners/ 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 petitioners were illicitly transporting half unit of river sand was apprehended along with his bullock cart.
3. The petitioners were in incarceration from 11.03.2020. Being the first time offender he seeks bail since he is in jail for the past 14 days.
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4. The learned Additional Public Prosecutor appearing for the State would submit that the petitioners were caught red handed while transporting river sand illegally. Vehicle was also seized along with the sand. Since illicit sand mining has become rampant in Thanjavur District, taking note of the factual circumstances the learned Magistrate 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 fact and the submission made by the learned Additional Public Prosecutor this Court is inclined to grant bail to the petitioners by imposing conditions.
6. Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.III Thanjavur;
(a)the petitioners are directed to deposit a sum of Rs.40,000/- (Rupees Forty thousand only) as non refundable deposit to the credit of the concerned District Mineral Foundation Trust, without prejudice to his rights and contentions before the trial Court. (b)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;
(c)the petitioners shall report before the respondent police as and when required for interrogation.
(d)the petitioners shall not abscond either during investigation or trial.
(e)the petitioners 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 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]. (g)If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 24/03/2020 / 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 NO.III, THANJAVUR.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR AT KUMBAKONAM.
3 THE INSPECTOR OF POLICE AYYAMPETTAI POLICE STATION, THANJAVUR DISTRICT.
4 THE OFFICER INCHARGE, DISTRICT PRISON, THANJAVUR.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.A.S.VAIGUNTH, Advocate ( SR-5710[I] dated 24/03/2020 ) COPY TO:
THE OFFICER INCHARGE, DISTRICT MINERAL FOUNDATION TRUST, THANJAVUR DISTRICT.
ORDER
IN CRL OP(MD) No.5142 of 2020 Date :24/03/2020 AAV JM/VR/SAR 3/24.03.2020/3P/8C 3/3