Murugan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/07/2020 PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN

1. MURUGAN

2. WILSAN KRISHTOBAR

3. RAJALINGAM ... PETITIONERS/ACCUSED NO.1 TO 3 VS STATE REP. BY THE INSPECTOR OF POLICE, NATCHIYARKOIL POLICE STATION, THANJAVUR DISTRICT.

CR.NO. 887 OF 2020..

... RESPONDENT/COMPLAINANT For Petitioners : Mr. S.V.Karthikeyan, Advocate.

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

PRAYER :- For Bail in Cr.No. 887 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners herein were arrested on 20.06.2020 for the alleged offences under Sections 379 of IPC and Section 21(1) of Mines and Minerals (Development and Regulation ) Act, 1957.

2. The case of the prosecution is that the petitioners are likely to transport river sand illegally.

3. The learned counsel for the petitioners would submit that the petitioners are only working as Driver coolie and they have nothing to do with the alleged offence.

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4. The learned Government Advocate(Crl.Side) would submit that the petitioners made an attempt to transport sand illegally and investigation is still pending.

5. Taking note of the above facts and circumstances of the case and also taking note of the fact that the petitioners are only workers and also taking into consideration the period of incarceration, this Court is inclined to grant bail to the petitioners subject to the following 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 District Munsif cum Judicial Magistrate, Thiruvidaimaruthur, Thanjavur District i) 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 ii) the petitioners shall report before the respondent police as and when required for interrogation.

iii)the petitioners shall not tamper with evidence or witness. iv) the petitioners shall not abscond during trial. v)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]. vi) If the petitioners/accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC. sd/- 10/07/2020 / 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.

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TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, THIRUVIDAIMARUTHUR, THANJAVUR DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR AT KUMBAKONAM.

3 THE INSPECTOR OF POLICE NATCHIYARKOIL POLICE STATION, THANJAVUR DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY, 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.7202 of 2020 Date :10/07/2020 AAV JM/PN/SAR 2/10.07.2020/3P/6C 3/3