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Madras High CourtCRL OP(MD)/11546/2019ordered

V. Namasivayam v. The Inspector Of Police

2019-08-20Honourable Mr Justice P. Rajamanickam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/08/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM

1. V.Namasivayam

2. B.Kalaiyarasan

3. A.James Raja ... Petitioners/Accused No.1 to 3 Vs State Rep.by The Inspector of Police, S.P.Pattinam Police Station, Ramanathapuram District.

(Crime No.105 of 2019).

... Respondent/Complainant For Petitioners : M/s.K.Ramanathan, Advocate.

For Respondent : Mr.V.Neelakandan, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.105 of 2019 on the file of the respondent police.

ORDER : The Court Made the following order :- This petition has been filed by the petitioners/ Accused 1 to 3 seeking bail for the alleged offence punishable under Section 379 of IPC r/w. 21(1) Mines and Minerals (Development and Regulation) Act, 1957 and 3(1) of TNPPDL Act.

2.Heard both sides.

3.The learned counsel for the petitioners has submitted that the petitioners are innocent persons and they have been falsely implicated in the above case. He further submitted that the petitioners were arrested by the respondent police on 07.08.2019 and from that date onwards, they are in custody. He further submitted that each of the petitioners are are willing to deposit Rs.5000/- to 1/3

the credit of the crime number before the concerned court without prejudice to their defence and hence, he prayed to grant bail to the petitioners.

4.The learned Additional Public Prosecutor appearing for the respondent police has submitted that the petitioners have illegally transported eight units of river sand and hence, he strongly opposed this petition. However he fairly conceded that no previous case is pending against the petitioners.

5.Taking into consideration of the fact that no previous case is pending against the petitioners and also the fact that the quantity of sand said to have been illegally transported is eight units and also the submissions made by the learned counsel for the petitioners that each of the petitioners are willing to deposit Rs.5000/- to the credit of the crime number before the concerned court and also the fact that the petitioners are in custody from 07.08.2019, this Court is inclined to grant bail to the petitioners by imposing conditions.

[a] the petitioners are ordered to be released on bail on his 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 District Sessions Judge(Special Court for Mines and Minerals), Ramanthapuram.

[b] each of the petitioners shall deposit a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of Crime No.105 of 2019 before the learned District Sessions Judge(Special Court for Mines and Minerals), Ramanthapuram, without prejudice to their defence before the trial Court;

[c] the petitioners 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.

[d] the petitioners shall not abscond either during investigation or trial.

[e] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]. 2/3

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

sd/- 20/08/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE DISTRICT SESSIONS JUDGE (SPECIAL COURT FOR MINES AND MINERALS), RAMANATHAPURAM.

2. THE OFFICER INCHARGE, DISTRICT JAIL, RAMANATHAPURAM.

3. THE INSPECTOR OF POLICE, S.P.PATTINAM POLICE STATION, RAMANATHAPURAM DISTRICT.

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

+1. CC to M/S.K.RAMANATHAN, Advocate SR.No.13704

ORDER

IN CRL OP(MD) No.11546 of 2019 Date :20/08/2019 MS/VR/SAR-1/20.08.2019/3P.6C 3/3