M.Gajendran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN M.Gajendran, ... Petitioner/Accused No.2 Vs The Inspector of Police, Papanasam Police Station, Thanjavur District.

Crime No.193 of 2023.

... Respondent/Complainant For Petitioner : Mr.Dhilipan Pandian R L, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PRAYER :- For Bail in Crime No.193 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 25.06.2024 for the offences punishable under Section 379 I.P.C r/w. Section 21(4) of Mines and Minerals (Development and Regulation) Act, 1957, in crime No.193 of 2023 on the file of the respondent police, seeks bail. 1/5

2.The case of the prosecution is that the petitioner said to have illegally transported 1⁄4 Unit of river sand. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. Hence, he prays for grant of bail to the petitioner.

4.The learned Additional Public prosecutor would submit that the petitioner is having one previous case and the investigation is almost completed and he strongly opposed to grant bail to the petitioner.

5.Considering the facts and circumstances of the case and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner on certain conditions.

6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the 2/5

learned Judicial Magistrate, Papanasam, Thanjavur District. (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 petitioner shall report before the respondent Police daily at 10.30 a.m.,for a period of two weeks and thereafter as and when required for interrogation; (iii)the petitioner shall not tamper with evidence or witness; iv)the petitioner shall not abscond during trial. v)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] and 3/5

(vi)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

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

LS TO

1. THE JUDICIAL MAGISTRATE, PAPANASAM, THANJAVUR DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR @ KUMBAKONAM.

3.THE INSPECTOR OF POLICE, PAPANASAM POLICE STATION, THANJAVUR DISTRICT.

4.THE OFFICER IN CHARGE, DISTRICT PRISON, THANJAVUR.

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

ORDER

IN CRL OP(MD) No.10904 of 2024 Date :19/07/2024 4/5

RK (19/07/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5