Thamaraiselvan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Thamaraiselvan ... Petitioner/Accused Vs The Inspector of Police, Nadukavery Police Station, Thanjavur District.

Crime No.365/2024..

... Respondent/Complainant For Petitioner : M/s. Vijayanand.M, Advocate. For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS 1/5

PRAYER :- For Bail in Crime no.365 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 25.07.2024 for the offences punishable under Sections 303(2) of BNS r/w. 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in crime No.365 of 2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner herein has illegally transported 1⁄2 unit of river sand by using TATA Ace Vehicle. Hence, the case.

3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent and perused the materials available on record.

4. Considering the nature of nature of allegations and considering the fact that the petitioner was arrested on 25.07.2024, I am inclined to enlarge the petitioner on bail.

5. 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 2/5

Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Thiruvaiyaru, Thanjavur District. (i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; (ii) the petitioner is directed to deposit a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of Headmistress, Government Higher Secondary School, E.Malampatti, Melur Taluk, Madurai District. (Account No.10662832760, CIF No; 80521814092, IFSC Code: SBIN0000258, State Bank of India, Melur Branch, Madurai), without prejudice to his rights and contentions before the trial Court; (iii)the petitioner shall appear before the respondent Police as and when required for interrogation;

(iv)the petitioner shall not tamper with evidence or witness; v)the petitioner shall not abscond during trial. vi)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]. 3/5

(vii)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 08/08/2024 / TRUE COPY / 08 / 08 /2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

APD/TRP TO 1 THE JUDICIAL MAGISTRATE, THIRUVAIYARU, THANJAVUR DISTRICT.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, THANJORE DISTRICT AT KUMBAKONAM 3 THE SUPERINTENDENT, SUB JAIL, THANJAVUR.

4 THE INSPECTOR OF POLICE NADUKAVERY POLICE STATION, THANJAVUR DISTRICT.

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

4/5

COPY TO

1. THE HEADMISTRESS, GOVERNMENT HIGHER SECONDARY SCHOOL, E.MALAMPATTI, MELUR TALUK, MADURAI DISTRICT.

+1 CC to M/s.M.VIJAYANAND, Advocate ( SR-9681[I] dated 08/08/2024 )

ORDER

IN CRL OP(MD) No.12889 of 2024 Date :08/08/2024 PSP/ /SAR /08.08.2024/ 5P/ 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5