Subramanian v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/11/2020 PRESENT The Hon'ble Mr.Justice S.M.SUBRAMANIAM Subramanian ... Petitioner/Sole Accused Vs State Rep. by The Inspector of Police, Nerkuppai Police Station, Sivagangai District.

Crime No. 112 of 2020.

... Respondent/Complainant For Petitioner : M/s.M.Sarangan, Advocate.

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

PRAYER :- For Bail in Crime No. 112 of 2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner was arrested and remanded to Judicial Custody on 06.10.2020 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, in Crime No.112 of 2020 on the file of the respondent. Hence, he seeks bail.

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

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person 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 quantity of sand involved is one unit. He would also submit that no previous case is pending against the petitioner.

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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.10,000/-(Rupees Twenty Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Principal District and Sessions Judge, Sivagangai District.

[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 shall report before the respondent police daily at 10.00 a.m for a period of two weeks and thereafter as and when required for interrogation.

[c]the petitioner shall not abscond either during investigation or trial.

[d]the petitioner shall not tamper with evidence or witness either during investigation or trial.

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

sd/- 18/11/2020 / 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.

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TO 1 THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, SIVAGANGAI DISTRICT.

2 THE INSPECTOR OF POLICE, NERKUPPAI POLICE STATION, SIVAGANGAI DISTRICT.

3 THE OFFICER INCHARGE, SUB JAIL, UTHAMAPALAYAM, THENI DISTRICT.

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

+1. C.C. to M/S.M.Sarangan, Advocate SR.No. 7538

ORDER

IN CRL OP(MD) No.13072 of 2020 Date :18/11/2020 rmi JM/PN/SAR II/18.11.2020/3P/6C 3/3