Kannan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/08/2020 PRESENT The Hon'ble Mr.Justice V.BHARATHIDASAN Kannan ... Petitioner/Accused No.1 Vs The State rep. by The Inspector of Police, Thogamalai Police Station, Karur District.

In Crime No. 353/2020. ... Respondent/Complainant For Petitioner : M/s. C.Susi Kumar, Advocate.

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

PRAYER :- For Bail in Crime No. 353/2020 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/A1 herein was arrested and remanded to Judicial Custody on 08.08.2020 for the offences punishable under Section 379 of I.P.C. r/w Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957.

2.The case of the prosecution is that the petitioner has illegally transported of 1 unit of river sand.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in the above case.

4.The learned Government Advocate(Criminal Side) appearing for the State would submit that the total quantity of sand involved is 1 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 1/3

sand, this Court is inclined to grant bail to the petitioner by imposing 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, No.I, Kuzhithalai [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 petitioner is directed to deposit a sum of Rs.15,000/-(Rupees Fifteen Thousand Only) to the credit of Advocate Clerk's Welfare Association, Pattukottai (Bank of India Saving Account No.814610110009887, IFSC Code: BKID0008146), 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 petitioner shall report before the respondent police as and when required for interrogation. [d] the petitioner shall not abscond either during investigation or trial.

[e] the petitioner 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 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 229A IPC.

sd/- 28/08/2020 / 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 NO.I, KUZHITHALAI.

2. -DO- THROUGH: THE CHIEF JUDICIAL MAGISTRATE, KARUR.

3. THE OFFICER IN CHARGE, SUB JAIL, KULITHALAI.

4. THE INSPECTOR OF POLICE, THOGAMALAI POLICE STATION, KARUR DISTRICT.

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

COPY TO:

THE OFFICER INCHARGE, ADVOCATE CLERK'S WELFARE ASSOCIATION, PATTUKOTTAI.

ORDER

IN CRL OP(MD) No.9069 of 2020 Date :28/08/2020 AAV SRS/ AKM/ SAR-II/ 28.08.2020/ 3P/7C 3/3