Sakthivel @ Ayyar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/06/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN Sakthivel @ Ayyar ... Petitioner/Accused Rank Not Known Vs The State Rep.by The Inspector of Police, Thiruvidaimarudhur Police Station, Thanjavur District (Crime No.83 of 2023).

... Respondent/Complainant For Petitioner : M/s.Mohamed Riyaz M, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.83 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 16.06.2023 for the offences under sections 379 of IPC r/w.21(1) of Mines and Minerals Act, 1957 in Crime No.83 of 2023 on the file of the respondent police seeks bail.

2. The case of the prosecution is that the petitioner along with other accused have illegally transported three bags of river sand in a gunny bag, hence the case.

3. Heard. Perused the materials available on record including the First Information Report.

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4. Taking into consideration of the facts and submissions made by the learned counsels and also the period of incarceration, this court is inclined to grant bail to the petitioner , subject to the following conditions:

5.Accordingly, the petitioner is ordered to be released on bail on his 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 learned Judicial Magistrate, Thiruvidaimaruthur Thanjavur District and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [b] After coming out from prison within two days the petitioner shall also file an undertaking affidavit before the respondent police that he will not indulge in similar type of activities again and if the petitioner violates the said undertaking the respondent is at liberty to secure the petitioner and proceed in accordance with law.

[c] 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.

[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.

sd/- 30/06/2023 / TRUE COPY / 30/06 /2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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AAV TO

1. The Judicial Magistrate, Thiruvidaimaruthur, Thanjavur District

2. -do-Through The Chief Judicial Magistrate, Thanjavur at Kumbakonam.

3. The Superintendent, Central Prison, Trichy.

4. The Inspector of Police, Thiruvidaimarudhur Police Station, Thanjavur District

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1. CC to M/S.MOHAMED RIYAZ M Advocate SR.No.9921(I)

ORDER

IN CRL OP(MD) No.11866 of 2023 Date :30/06/2023 RD (30/06/2023) 3P 7C 3/3