Madras High CourtCRL OP(MD)/9958/2020ordered

M.Vellaisamy v. The Inspector Of Police

2020-09-18Honourable Mr Justice V. Bharathidasan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/09/2020 PRESENT The Hon'ble Mr.Justice V.BHARATHIDASAN CRL OP(MD). No.9958 of 2020 M.Vellaisamy ... Petitioner/Accused No.3 Vs The State Rep. by The Inspector of Police, Koomapatti Police Station, Virudhunagat District.

Crime No.469/2020. ... Respondent/Complainant For Petitioner : Mr.M.Ganeshkamu, Advocate.

For Respondent : Mr.R.Saravana Kumar, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Cr.No.469 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner herein was arrested and remanded to Judicial Custody on 06.09.2020 for the offences punishable under Section 379 of I.P.C. r/w 21(1) of Mines and Minerals (Development and Regulation) Act, 1957.

2.The case of the prosecution is that the petitioner said to have illegally quarried half 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(Crl.Side) appearing for the State would submit that the total quantity of sand involved is half

unit of river sand and the same was recovered by the respondent police. He would further submit that no previous case as against the petitioner.

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 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, Srivilliputhur.

[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.5,000/- (Rupees Five thousand only) to the credit of Sri Ramakrishnan Sevalaya, Payampadi Post, 190, Kolathur, Kottivakkam, Madhurandagam, Kancheepuram - 603 309 (The Central Bank of India, Chithamur Branch Account No.2153949696, IFSC Code No.CBIN0281902) within a period of one week without prejudice to his 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.

7. Post on 25.09.2020 under the caption 'For Reporting compliance'.

sd/- 18/09/2020 / 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.

1. THE JUDICIAL MAGISTRATE No.I, SRIVILLIPUTHUR.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3. THE SUPERINTENDENT, SUB-JAIL, ARUPPUKOTTAI.

4. THE INSPECTOR OF POLICE, KOOMAPATTI POLICE STATION, VIRUDHUNAGAT DISTRICT.

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

COPY TO:- THE OFFICER INCHARGE, SRI RAMAKRISHNAN SEVALAYA, PAYAMPADI POST, 190, KOLATHUR, KOTTIVAKKAM, MADHURANDAGAM, KANCHEEPURAM 603 309 +1 CC to M/s.M.GANESH KAMU, Advocate ( SR-6510[I] dated 18/09/2020 )

ORDER

IN CRL OP(MD) No.9958 of 2020 Date :18/09/2020 VSD TE/PN/SAR-II : 18/09/2020 : 3P/8C