Selvaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN

1. Selvaraj,

2. Murali,

3. Gunasekar, ... Petitioners/Accused 1 to 3 Vs The Inspector of Police, Jeeyapuram Police Station, Trichy District.

Crime No.189 of 2024.

... Respondent/Complainant For Petitioner : Mr.T.Eashwar, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS, 2023 U/s 439 of Cr.P.C. PRAYER :- For Bail in Crime no.189 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/Accused, who were arrested and remanded to judicial custody on 06.07.2024 for the offences punishable under Sections 303(2) of the Bharatiya Nyaya 1/5

Sanhita (BNS) 2023 and 21(4) of Mines and Minerals (Development and Regulation) Act, 1957 in crime No.189 of 2024 on the file of the respondent police, seek bail. 2.The case of the prosecution is that the petitoners herein and other accused have illegally transproted 4 1⁄2 units of river sand worth about Rs.12,000/- by using Lorries and the same has been recovered. Hence, the complaint. 3.The learned counsel for the petitioners would submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution and their names have been falsely implicated in this case. He would further submit that the petitioners are in judicial custody from 06.07.2024, hence, they may be granted bail.

4.The learned Additional Public Prosecutor would submit that the property has been recovered and there is no previous case pending against the petitioners and the co-accused has already released on bail. He would further submit that the investigation of the case is pending and hence, strongly opposed to grant bail to the petitioners.

5.Considering the submissions made by the learned counsel on either side and also considering the period of incarceration and that the petitioners are not having any previous case, this Court is inclined to grant bail to the petitioners on certain conditions.

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6.Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail, on 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 No.III, Trichy and on further conditions 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 shall appear before the respondent Police daily at 10.30 am for a period of three weeks and thereafter, as and when required for interrogation; (iii)the petitioners shall not tamper with evidence or witness; (iv)the petitioners shall not abscond during trial.

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/- 18/07/2024 / TRUE COPY / 19/07/2024 Sub-Assistant Registrar (A.D.II) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO 1 THE JUDICIAL MAGISTRATE NO.3, TRICHY.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

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

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

+1 CC to M/s.T.EASHWAR, Advocate ( SR-8106[I] dated 18/07/2024 ) 4/5

ORDER

IN CRL OP(MD) No.10699 of 2024 Date :18/07/2024 SA/SAR. /19.07.2024/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5