D.Sankar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13.06.2022 PRESENT The Hon`ble MR.Justice K.MURALI SHANKAR D.SANKAR : PETITIONER/ACCUSED NO.2 VS THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, SOORANKUDI POLICE STATION, THOOTHUKUDI.
(CRIME NO.55 OF 2022) : RESPONDENT/COMPLAINANT FOR PETITIONER : MR.MANO KUMAR.M, ADVOCATE.
FOR RESPONDENT : MR.B.NAMBI SELVAN, ADDITIONAL PUBLIC PROSECUTOR.
PETITION FOR BAIL Under Section 439 of Cr.P.C. PRAYER :- For Bail in Crime No.55 of 2022 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioner/accused, who was arrested and remanded to judicial custody on 30.04.2022 for the offences punishable under Section 379 IPC and Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.55 of 2022, on the file of the respondent police, seeks bail.
2.The case of the prosecution is that the petitioner has illegally transported the river sand. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is the driver of the vehicle and the first accused/owner of the vehicle was already granted bail. However, he would further submit that the petitioner, without prejudice to his rights, is ready to deposit the amount that may be imposed by this Court. 4.The learned Additional Public Prosecutor would submit that the petitioner is having three previous cases for similar offence, all are relating to one unit of river sand each. 1/3
5.Considering the above facts and circumstances and also the facts that the petitioner is in custody from 30.04.2022, that the property has been recovered and that the first accused has already been granted bail, this Court is inclined to grant bail to the petitioner with 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, Vilathikulam, Thoothukudi District, 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.30,000/- (Rupees Thirty Thousand only) to the credit of the District Mineral Foundation Trust, Thoothukudi 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 thirty (30) days and thereafter, as and when required for interrogation. [d]the petitioner shall not tamper with the evidence or witness either during investigation or trial.
[e]the petitioner shall not abscond 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 absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 13/06/2022 / TRUE COPY / 13/06/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1.THE JUDICIAL MAGISTRATE, VILATHIKULAM, THOOTHUKUDI DISTRICT.
2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.
3.THE OFFICER INCHARGE, SUB JAIL, KOVILPATTI, THOOTHUKUDI DISTRICT.
4.THE DISTRICT MINERAL FOUNDATION TRUST, THOOTHUKUDI DISTRICT.
5.THE INSPECTOR OF POLICE, SOORANKUDI POLICE STATION, THOOTHUKUDI.
6.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN GC/VR/SAR-1(13.06.2022) 3P 7C 3/3