Tamilventhan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Tamilventhan ... Petitioner/Sole Accused Vs The Inspector of Police, Thiruvaiyaru Police Station, Thanjavur District.
(Crime No.431 of 2024.) ... Respondent/Complainant For Petitioner :
M/s.P. Surliraja, Advocate.
For Respondent :
Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.431 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested and remanded to judicial custody on 09.08.2024 for the offence punishable under Section 303(2) of BNS Act, 2023 r/w 21(1) of Mines & Minerals (Development & Regulation Act), 1957, in Crime No.431 1/4
of 2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner has illegally transported 4 bags of river sand. Hence, the case.
3.Heard both sides.
4.Considering the nature of allegation and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner on certain conditions.
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 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 Special Court/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.3,000/- (Rupees Three Thousand only) to the credit of Light Social Welfare Trust, Account No.310100140450002, IFSC Code: TMBL0000310 Tamilnadu Mercantile Bank, Arumuganeri, without prejudice to his rights and contentions before the trial Court; (iii)The petitioner shall report before the respondent police daily at 10.30 a.m, 2/4
for a period of two weeks and thereafter 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 Judicial 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/- 20/08/2024 / TRUE COPY / 20/08/2024 Sub-Assistant Registrar (C.O) Madurai Bench of Madras High Court, Madurai - 625 023.
DSS To 1.The Judicial Magistrate, Thiruvaiyaru, Thanjavur District.
2.Do through the Chief Judicial Magistrate, Thanjavur District at Kumbakonam.
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3.The Inspector of Police, Thiruvaiyaru Police Station, Thanjavur District.
4.The Officer Incharge, Sub Jail, Thanjavur.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Copy to The Officer Incharge, Light Social Welfare Trust, Arumuganeri.
+1 CC to M/s.P.SURLIRAJA, Advocate ( SR-10108[I] dated 20/08/2024 )
ORDER
IN CRL OP(MD) No.13636 of 2024 Date :20/08/2024 ED/ /SAR- (20/08/2024) 4P / 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4