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Madras High CourtCRL OP(MD)/10156/2021ordered

Karthikeyan v. The Inspector Of Police

2021-07-30Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/07/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN

1. Karthikeyan

2. Paulsekar

3. Manohar

4. Savari

5. Arunjesuraj ... Petitioners/Accused No.1 to 5 Vs The State rep.by The Inspector of Police, Manappaprai Police Station, Trichy District.

(In Crime 869 of 2021). ... Respondent/Complainant For Petitioners : Mr.C.SUSIKUMAR, Advocate.

For Respondent : Mr.E.ANTONY SAHAYA PRABAHAR, Government Advocate(crl.side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- for Bail in Crime No.869 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/A1 to A5 , who were arrested on 16.07.2021 for the offences punishable under Sections 379 of IPC r/w.Section 21(1) of Mines and Minerals (Development and Regulation)Act, 1957 in Crime No.869 of 2021 on the file of the respondent police, seek bail.

2.The case of the prosecution is that based on secret information on 13.07.2021 at about 4.30 a.m., the police party visited Muthupudaiyanpatti Railway bridge they found the sand was accumulated and it was loaded in TN 48 AF 6018 and TN 45 BT 9559 1/3

tipper lorry with a help of numberless JCB. Vehicle has been seized with sand, therefore the case came to be registered. 3.The learned counsel for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in this case. He would further submit that the petitioners are in judicial custody from 16.07. 2021, hence he seeks bail. 4.The learned Additional Public Prosecutor appearing for the respondent police opposed this petition on the ground that 3 to 5 units of sand was accumulated to be transported without any valid permission. He would further submit that no previous case is pending against the petitioners.

5. Taking into consideration all these facts and also considering the period of incarceration and also the fact that the material witnesses are only official witnesses and also the fact that the vehicle and the sand was recovered and the fact that no previous case is pending against the petitioners, this Court is inclined to grant bail to the petitioners.

6.Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Manaparai and on further condition that i)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.

(ii)the petitioners are directed to deposit a sum of Rs.5,000/- (Rupees Five Thousand only) each to the Madras High Court Madurai Bench, Advocate Clerk's Welfare Association, Madurai-625 023 (Indian Bank Saving Account No.496039124, IFSC Code: IDIB000H040), without prejudice to their rights and contentions before the trial Court and produce the receipt/acknowledgment before the concerned Court while executing sureties.

iii)the petitioners shall report before the respondent police daily at 10.30 am., until further orders.

iv)the petitioners shall not tamper with evidence or witness. v)the petitioners shall not abscond during trial. vi)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 2/3

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]. vii)If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 30/07/2021 / TRUE COPY / / /2021 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.

TO 1.THE JUDICIAL MAGISTRATE MANAPPARAI.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY.

3.THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

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

5.THE OFFICER IN CHARGE, ADVOCATE CLERK'S WELFARE ASSOCIATION, MADRAS HIGH COURT MADURAI BENCH, MADURAI-625 023.

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

ORDER

IN CRL OP(MD) No.10156 of 2021 Date :30/07/2021 SA/JC/SAR.1/30.07.2021/3P/7C 3/3