Selvaraj v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/04/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR Selvaraj ... Petitioner/1st Accused Vs The State rep.by, The Inspector of Police, Aranthangi Police Station, Pudukottai District.

(Crime No.157/2022) ... Respondent/Complainant For Petitioner : Mr.T.Lenin Kumar, 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.157 of 2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody on 28.03.2022 for the offences punishable under Section 379 of IPC r/w Sections 21(1) and 21(2) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.157 of 2022 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner and other accused have illegally transported three units of river sand. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that the second accused was already granted bail by the Sessions Court on condition to deposit a sum Rs.75,000/- to the Mediation and Conciliation Centre, Pudukkottai.

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4.The learned Additional Public Prosecutor appearing for the respondent police would submit that three units of river sand was illegally transported by the petitioner and other accused and that the petitioner is having three previous cases. 5.Considering the nature of the offence alleged, the antecedents of the petitioner and also the period of incarceration, this Court is inclined to grant bail to the petitioner on certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail on his executing 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, Aranthangi and on further condition 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 Aadhaar card or bank pass book to ensure their identity. [b] the petitioner shall pay a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of the District Mineral Foundation Trust, Pudukottai District, without prejudice to his rights and contentions before the trial Court. The petitioner shall execute the sureties on showing the receipt of the said amount.

[c] 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.

[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 abscond, a fresh FIR can be registered under Section 229A IPC.

sd/- 08/04/2022 / TRUE COPY / 08/04/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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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, ARANTHANGI 2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT.

3 THE OFFICER INCHARGE, SUB JAIL, ARANTHANGI.

4 THE INSPECTOR OF POLICE ARANTHANGI POLICE STATION, PUDUKOTTAI DISTRICT.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO:

THE OFFICER INCHARGE, DISTRICT MINERAL FOUNDATION TRUST, PUDUKOTTAI +1. C.C. to MR.T.LENIN KUMAR, Advocate SR.No.3302.

ORDER

IN CRL OP(MD) No.6608 of 2022 Date :08/04/2022 SJI MK/PN/SAR.I/08.04.2022/3P/8C 3/3