Barath v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/09/2019 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN Barath, ... Petitioner/Accused No.2 Vs The State rep by The Inspector of Police, Melathur Police Station, Thanjavur District (Crime No.68 of 2019).

... Respondent/Complainant For Petitioner : M/s. K.M. Karunakaran, Advocate.

For Respondent : 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.68 of 2019 on the file of the respondent ORDER : The Court Made the following order :- The petitioner is in custody since 23.08.2019, for the offence under Section 379 of I.P.C. r/w. 21(4) of Mines and Minerals Act, 1957.

2.The quantity involved is 1 1⁄2 units of river sand. They were being transported in Swaraj Mazda Van.

3.The learned Government Advocate (Crl. Side) submitted that there is no previous case against the petitioners. 4.Taking note of the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail with certain conditions. Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions;

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[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 No.III, Thanjavur District. [b] the petitioner shall report before the respondent police 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/- 05/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. Judicial Magistrate No.III, Thanjavur District.

2. Do-Through The Chief Judicial Magistrate, Thanjore District.

3. The Officer Incharge, Sub Jail, Papanasam.

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

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

+1CC TO MR.K.M.KARUNAKARAN, Advocate Sr. No.14862

ORDER

IN CRL OP(MD) No.12390 of 2019 Date : 05/09/2019 TR/PN/SAR-I (05.09.2019) 3P 7C 3/3