Hariharan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29.07.2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Hariharan ... Petitioner / Sole Accused Vs The Inspector of Police, Natchiyarkoil Police Station, Thanjavur District.

(In Cr.No.479 of 2024) ... Respondent / Complainant For Petitioner :

Mr.A.Joel Paul Antony, Advocate For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor.

PETITION FOR BAIL Under Sec.483 of B.N.S.S. U/s 439 of Cr.P.C. PRAYER :- For Bail in Cr No.479 of 2024 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 19.06.2024 for the offence punishable under Section 379 IPC and Section 21(1) of the Mines and Minerals Act in Cr.No.479 of 2024 on the file of the respondent police, seeks bail. 1/4

2.The case of the prosecution is that the petitioner has illegally transported one unit of river sand.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that the petitioner is in judicial custody from 19.06.2024, hence he may be released on bail.

4.The learned Additional Public Prosecutor would submit that the investigation is yet to be completed. However, he fairly conceded that no previous case is pending against the petitioner.

5.Considering the period of incarceration and also considering the fact that no bad antecedent is reported against the petitioner, 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 learned Judicial Magistrate No.2, Kumabakonam, Thanjavur District. [i] the sureties shall affix their photographs and Left thumb Impression in the surety bond and the Special Court/concerned Court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity. 2/4

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

sd/- 29/07/2024 / TRUE COPY / 29/07/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS To 1.The Judcial Magistrate No.II, Kumbakonam, Thanjavur District.

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2.Do through the Chief Judicial Magistrate, Thanjavur District at Kumbakonam.

3.The Inspector of Police, Natchiarkoil Police Station, Thanjavur District.

4.The Officer Incharge, Sub Jail, Kumbakonam.

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

+1 CC to M/s.A.JOEL PAUL ANTONY, Advocate ( SR-8834[I] dated 29/07/2024 )

ORDER

IN CRL OP(MD) No.11963 of 2024 Date :29/07/2024 ED/ /SAR- (29/07/2024) 4P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4