Senthilkumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/06/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN Senthilkumar ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, Thiruchirampalam Police Station, Thanjavur District.
(Crime.No.601 of 2020) ... Respondent/Complainant For Petitioner : M/s.K.M.Karunakaran, Advocate.
For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime.No. 601 of 2020 on the file of the Respondent Police.
ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent.
2. The petitioner was arrested and remanded to Judicial Custody on 17.05.2020 for the offences punishable under sections 379 of I.P.C., r/w 21(1) Mines and Minerals (Development and Regulation) Act, in Crime No.601 of 2020 on the file of the respondent police. He seeks bail.
3. The learned Government Advocate (Criminal Side) submits that the petitioner illegally transported two units of sand. 4.The petitioner undertakes to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) as non refundable deposit to the credit of Crime No.601 of 2020, before the jurisdictional Court. It will be 1/3
without prejudice to the petitioner's defence in the trial. The said amount will be transferred by the Court to the account of any relief fund that may be maintained by the district administration. The district administration shall spend the amount for any welfare activity and also submit user certificate to the Registry of this Court.
5.Subject to the aforesaid conditions, I am inclined to enlarge the petitioner on bail. Accordingly, the petitioner is ordered to be released on bail and further, (i) the petitioner shall be released on own bond by the Magistrate without insisting on sureties. However, the petitioner is directed to execute 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, Pattukottai, Thanjavur District after the concerned Court is reopened. (ii)the petitioner is directed to appear before the respondent police as and when required for interrogation.
(iii)on breach of any of the aforesaid conditions, the 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 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]. sd/- 10/06/2020 / TRUE COPY / / /2020 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, PATTUKOTTAI, THANJAUVR DISTRICT.
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2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.
3. THE SUPERINTENDENT,CENTRAL PRISON, TRICHY.
4. THE INSPECTOR OF POLICE, THIRUCHIRAMPALAM POLICE STATION, THANJAVUR DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.5885 of 2020 Date :10/06/2020 MS/PN/SAR-2/10.06.2020/3P.6C 3/3