Shanmugam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/08/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM Shanmugam ... Petitioner/Accused No-2 Vs State Rep by The Inspector of Police, Sethubavachathiram Police Station, Thanjavur District.

Crime No.107 of 2019 ... Respondent/Complainant For Petitioner : M/s.B.Santhanam Rajeshkumar, Advocate.

For Respondent : Mr.A.P.G.Ohm Chairma Prabhu, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- for Bail in Crime No.107 of 2019 on the file of the Respondent Police ORDER : The Court Made the following order :- This petition has been filed by the petitioner/ accused no.2 seeking bail for the alleged offence punishable under Section 379 of IPC and 21(1) Mines and Minerals (Development and Regulation) Act, 1957.

2.Heard both sides.

3.The learned counsel for the petitioner has submitted that the petitioner is an innocent person and he has been falsely implicated in the above case. He further submitted that the petitioner was arrested by the respondent police on 27.07.2019 and from that date onwards, he is in custody and hence, he prayed to grant bail to the petitioner.

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4.The learned Government Advocate(Crl.Side) appearing for the respondent police has submitted that the petitioner along with other accused has illegally transported one unit of river sand and hence, he strongly opposed this petition. However he fairly conceded that no previous case is pending against the petitioner. 5.Taking into consideration of the fact that no previous case is pending against the petitioner and also the fact that the quantity of sand said to have been illegally transported is half unit and also the fact that the petitioner is in custody from 27.07.2019, this Court is inclined to grant bail to the petitioner by imposing conditions.

[a] 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 the Judicial Magistrate,Pattukottai, Thanjavur District [b] the petitioner shall report before the Respondent Police, daily at 10.30 A.M for a period of One Month and thereafter, as and when required for the 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/- 14/08/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, PATTUKOTTAI, THANJAVUR DISTRICT.

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2.DO-THROUGH :THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

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

4.THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

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

+1. CC to Mr.N.SARAVANAN Advocate SR.No.13478

ORDER

IN CRL OP(MD) No.11402 of 2019 Date :14/08/2019 aav TK/VR/SAR.1/14.08.2019/3P/7C 3/3