Pandidurai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/04/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN Pandidurai ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, Thiruvadanai Police Station, Ramnad District.

Crime No.87 of 2021 ... Respondent/Complainant For Petitioner : M/s.D.Venkatesh, Advocate.

For Respondent : Mr.R.Erottuchamy, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.87 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/sole accused, who was arrested on 10.04.2021 for the offences punishable under Section 379 of IPC and Section 21(1) of Mines and Minerals (Development and Regulation) Act, in Crime No.87 of 2021, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner said to have illegally transported 1⁄2 unit of river sand without valid permission from the authorities.

3.The learned counsel for the petitioner would submit that the petitioner is only driver of the vehicle and he is in judicial custody for more than 12 days, hence he may be granted bail. 4.The learned Government Advocate(Crl.Side) appearing for the respondent would submit that the quantity of sand involved is 1⁄2 unit and the same was recovered by the respondent police. 5.Taking into consideration the facts and circumstances of the case and also taking into consideration the period of incarceration 1/3

and also taking note of the fact that the sand and vehicle was seized, this Court is inclined to grant bail to the petitioner. 6.Accordingly, the petitioner is ordered to be released on bail on his executing 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, Thiruvadanai 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 Aadhar card or Bank pass Book to ensure their identity. [b] the petitioner shall report before the respondent police daily at 10.30 am., until further orders.

[c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner shall not tamper with evidence or witness 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 22/04/2021 / TRUE COPY / / /2021 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, THIRUVADANI.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

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3. THE OFFICER INCHARGE, SUB JAIL, PARAMAKUDI.

4. THE INSPECTOR OF POLICE, THIRUVADANAI POLICE STATION, RAMNAD DISTRICT.

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

ORDER

IN CRL OP(MD) No.5740 of 2021 Date :22/04/2021 SJI MS/VR/SAR-2/22.04.2021/3P.6C 3/3