K.Prasanth v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/04/2021 PRESENT The Hon'ble Mr.Justice G.CHANDRASEKHARAN K.Prasanth ... Petitioner/2nd Accused Vs The State rep. by The Inspector of Police, Mannachannalur Police Station, Trichy District.

(Crime No.122 of 2021). ... Respondent/Complainant For Petitioner : Mr.Lenin Kumar.T, Advocate.

For Respondent : Mr.R.Erottuchamy, Government Advocate (Criminal Side) PETITION FOR BAIL Under Section 439 of Cr.P.C. PRAYER :- For Bail in Crime No.122 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner, who was arrested on 18.04.2021 for the offences punishable under Section 379 IPC r/w Section 21(1) of the Mines and Minerals (Development and Regulation)Act, 1957 in Crime No.122 of 2021 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner and other accused said to have illegally transported 1⁄2 unit of sand. Hence, the complaint.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he is in custody from 18.04.2021. Therefore, he seeks bail to the petitioner. 1/3

4.The learned Government Advocate(Criminal Side) appearing for the respondent submitted that there is no previous case pending against the petitioner.

5.Taking into consideration the facts and circumstances of the case and the fact that there is no previous case pending against the petitioner and also the fact that the petitioner is in custody from 18.04.2021, 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 No.III, Trichy 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/- 28/04/2021 / TRUE COPY / / /2021 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 NO.III, TRICHY.

2. -DO- THROUGH: THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3. THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

4. THE INSPECTOR OF POLICE, MANNACHANNALUR POLICE STATION, TRICHY DISTRICT.

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

ORDER

IN CRL OP(MD) No.6017 of 2021 Date :28/04/2021 GNS SRS/VR/SAR-II/28.04.2021/3P/6C 3/3