Madras High CourtCRL OP(MD)/8831/2020ordered

Vinoth v. The Inspector Of Police

2020-08-24Honourable Mr Justice V. Bharathidasan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/08/2020 PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN

1. VINOTH

2. AKASH

3. MALTAN PRABU ... PETITIONERS/ACCUSED NO.1 TO 3 VS STATE REP.BY THE INSPECTOR OF POLICE, PAPANASAM POLICE STATION, THANJAVUR DISTRICT, CRIME NO.839 OF 2020.

... RESPONDENT/COMPLAINANT For Petitioners : M/s.K.M.Karunakaran, 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 Crime No.839 of 2020 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioners/A1 to A3 herein was arrested and remanded to Judicial Custody on 11.08.2020 for the offences punishable under Section 379 of I.P.C. r/w. Section 21(4) of Mines and Minerals (Development and Regulation) Act, 1957.

2.The case of the prosecution is that the petitioners were found in illegal possession of one unit of river sand.

3. The learned counsel for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in the above case.

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4.The learned Government Advocate(Crl.Side) appearing for the State would submit that the total quantity of sand involved is one 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 and also taking into consideration the quantum of sand, this Court is inclined to grant bail to the petitioners by imposing conditions.

6.Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand only)each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Papanasam [a] 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;

[b]the petitioners are directed to deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand Only) to the credit of Seva Chakkara Orphanage(Boys and Girls School) No.89/41, SamiPillai Street, Choolai, Chennai- 600112 ( State Bank of India, Purasawalkam Branch, Seva Chakkara Samajam Account No.10332930263, IFSC Code No.SBIN0001515), within a period of one week without prejudice to their rights and contentions before the trial Court and the learned Judicial Magistrate, after perusing the challan/ receipt, shall accept the sureties furnished by the petitioner [c] the petitioners shall report before the respondent police as and when required for interrogation.

[d]the petitioners shall not abscond either during investigation or trial.

[e]the petitioners 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 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]. [g]If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 24/08/2020 / TRUE COPY / / /2020 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, PAPANASAM.

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

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

4 THE OFFICER INCHARGE, SUB JAIL, PAPANASAM.

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

COPY TO:

THE OFFICER INCHARGE, SEVA CHAKKARA ORPHANAGE(BOYS AND GIRLS SCHOOL) NO.89/41, SAMIPILLAI STREET, CHOOLAI, CHENNAI- 600112.

ORDER

IN CRL OP(MD) No.8831 of 2020 Date :24/08/2020 AAV JM/AKM/SAR 2/24.08.2020/3P/7C 3/3