S.Vijay v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY

1. S.Vijay

2. S. Baskar ... Petitioners/Accused No.1 & 5 Vs The Inspector of Police, Kallal Police Station, Sivagangai District.

(Crime No. 146/2024.) ... Respondent/Complainant For petitioners :

Mr.R.Rajamohan,Advocate.

For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 146 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/Accused, who were arrested and remanded to judicial custody on 30.07.2024 for the offences punishable under Sections 303(2) of BNS, 2023 r/w 1/5

Section 21(4) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.146 of 2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioners and the other accused were illegally transported 2 1⁄2 units of river sand. Hence, the case.

3. Heard the learned counsel on either side and perused the material records of the case.

4. Considering the facts and circumstances of the case and also considering the period of incarceration, I am inclined to grant bail to the petitioners on certain conditions.

5. Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail, on 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 learned Judicial Magistrate, Karaikudi. [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. [ii] the petitioners are directed to deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) each to the credit of Headmistress, Government Higher Secondary School, E.Malampatti, Melur Taluk, Madurai District. (Account No.10662832760, 2/5

CIF No; 80521814092, IFSC Code: SBIN0000258, State Bank of India, Melur Branch, Madurai), without prejudice to their rights and contentions before the trial Court. Only upon deposit, the petitioners shall be enlarged on bail; (iii)The petitioners 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; [iv] the petitioners shall not tamper with evidence or witness; [v] the petitioners shall not abscond during trial. [vi] On breach of any of the aforesaid conditions, the learned Judicial 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]. [vii] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 14/08/2024 / TRUE COPY / 14/08/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

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To 1.The Judicial Magistrate, Karaikudi.

2.Do through the Chief Judicial Magistrate, Sivagangai District.

3.The Inspector of Police, Kallal Police Station, Sivagangai District.

4.The Officer Incharge, District Jail, Ramanathapuram.

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

Copy to:

The Headmistress, Government Higher Seconday School, E.Malampatti, Melur Taluk, Madurai District.

+1 CC to M/s.R.RAJAMOHAN, Advocate ( SR-9967[I] dated 14/08/2024 )

ORDER

IN CRL OP(MD) No.13348 of 2024 Date :14/08/2024 4/5

ED/ /SAR- (14/08/2024) 5P / 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5