Panneer v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/08/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM 1.Panneer 2.Manikandan ... Petitioners/Accused No.1 and Vs The State rep.by The Inspector of Police, Kumbakonam Taluk, Police Station, Thanjavur District.

Crime No.191 of 2019. ... Respondent/Complainant For Petitioners : Mr.Dhilipan Pandian Advocate for Mr.S.Elumalai, 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. 191 of 2014 on the file of the Respondent Police.

ORDER : The Court Made the following order :- This petition has been filed by the petitioners/ Accused 1 and 2 seeking bail for the alleged offence punishable under Section 379 of IPC.

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 29.07.2019 and from that date onwards, they are in custody and hence, he prayed to grant bail to the petitioners.

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4.The learned Additional Public Prosecutor appearing for the respondent police has submitted that the petitioners have illegally transported four bags 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 four bags and also the fact that date onwards the petitioners are in custody from 29.07.2019, 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) with two sureties each for a like sum to the satisfaction of the Judicial Magistrate No,II, Kumbakonam,.

[b] 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.

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

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

sd/- 30/08/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO II KUMBAKONAM.

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

3.THE INSPECTOR OF POLICE, KUMBAKONAM TALUK, 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 Mr.S.ELUMALAI Advocate SR.No.14555

ORDER

IN CRL OP(MD) No.12164 of 2019 Date :30/08/2019 TK/VR/SAR.3/30.08.2019/3P/7C 3/3