Karthik v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/09/2019 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN Karthik ... Petitioner/Sole Accused Vs State rep.by Inspector of Police, Pattukkottai Taluk Police Station, Thanjavur District.

(Crime No.331 of 2019). ... Respondent/Complainant For Petitioner : M/s.B.Anandan, Advocate.

For Respondent : Mr.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.331 of 2019 on the file of the respondent police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner is in Custody since 07.09.2019 for the offences punishable under sections 379 of I.P.C., r/w Section 21(1) of Mines and Minerals (Development and Regulation Act), 1957, in Crime No.331 of 2019 on the file of the respondent police. He seeks bail.

3. The petitioner illegally transported three units of river sand.

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4. Taking note of the facts and circumstances of this case, I am 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; (i) The petitioner undertakes to deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand only) as non refundable deposit to the credit of the concerned District Mineral Foundation Trust. (ii) the petitioner shall execute 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, Pattukkottai.

(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 either during investigation or trial.

(v) the petitioner shall not abscond either during investigation or 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]. [vii] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 20/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, PATTUKKOTTAI.

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

3 THE OFFICER IN CHARGE, SUB JAIL, PATTUKKOTTAI.

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4 THE INSPECTOR OF POLICE PATTUKOTTAI TALUK POLICE STATION, THANJAVUR DISTRICT

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

Copy To:

THE OFFICER INCHARGE DISTRICT MINERAL FOUNDATION TRUST THANJAVUR DISTRICT +1 CC to M/s.B.ANANDAN, Advocate ( SR-16010[I] dated 20/09/2019)

ORDER

IN CRL OP(MD) No.13174 of 2019 Date :20/09/2019 RMI ES/PN/SAR 3/20.09.2019/3P/8C 3/3