Annadurai v. State Rep. By The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY
1. Annadurai,
2. Anbarasan,
3. Vetrivel, ... Petitioners/Accused Nos.1to3 Vs State Rep. by the Inspector of Police, Thiruvaiyaru Police Station, Thanjavur District.
Crime No. 462/2024..
... Respondent/Complainant For Petitioners : M/s. Prabu.M, Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 462 of 2024 on the file of the Respondent Police. 1/5
ORDER : The Court made the following order :- The petitioners/A1 to A3, who were arrested and remanded to judicial custody on 25.08.2024 for the offences punishable under Sections 303(II) of BNS Act, 2023, (379 of IPC) and Section 21(1) of Mines and Minerals (Development and Regulations) Act, 1957, in Crime No.462 of 2024 on the file of the respondent police, seek bail.
2.The case of the prosecution is that the petitioners herein had illegally transported 25 bags of river sand. Hence, the case.
3. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor appearing for the respondent and perused the materials available on record.
4. Considering the nature of allegations made against the petitioners and also considering the fact the there is no previous case pending against the petitioners, I am inclined to enlarge the petitioners on bail. 2/5
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, Thiruvaiyaru. (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 petitioners are directed to deposit a sum of Rs.2,000/- (Rupees Two Thousand only) to the credit of Headmistress, Government Higher Secondary School, Maharajapuram, Watrap Taluk, Virudhunagar District, (Account No.30596803302, CIF No; 85390730313, IFSC Code: SBIN0000921, State Bank of India, Srivilliputur Branch), without prejudice to their rights and contentions before the trial Court;
(iii)the petitioners shall appear 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; 3/5
v)the petitioners 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 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 229-A IPC.
sd/- 04/09/2024 / TRUE COPY / 04/09/2024 Sub-Assistant Registrar(CO) Madurai Bench of Madras High Court, Madurai - 625 023.
DSS TO 1 THE JUDICIAL MAGISTRATE THIRUVAIYARU.
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2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.
3 THE OFFICER INCHARGE SUB JAIL, THANJAVUR..
4 THE INSPECTOR OF POLICE, THIRUVAIYARU POLICE STATION, THANJAVUR DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:
THE HEADMISTRESS, GOVERNMENT HIGHER SECONDARY SCHOOL, MAHARAJAPURAM, WATRAP TALUK, VIRUDHUNAGAR DISTRICT
ORDER
IN CRL OP(MD) No.14752 of 2024 Date :04/09/2024 SS/SAR- /04/09/2024/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5