← Library
Madras High CourtCRL OP(MD)/15300/2024allowed

A.Ranjithkumar v. The State Of Tamilnadu

2024-09-11Honourable Mr Justice D.Bharatha Chakravarthy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11.09.2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY

1. A.Ranjithkumar

2. R.Karthi ... Petitioners/A2 & A3 Vs The Inspector of Police, Ayyampettai Police Station, Thanjavur District.

Cr.No.756 of 2024.

... Respondent/Complainant For Petitioners: Mr.R.L.Dhilipan Pandian Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For bail in Crime No.756 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 02.09.2024 for the offences punishable under Sections 303(2) of BNS, r/w Section 21(4) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime 1/5

No.756 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 had illegally transported one unit 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 quantity of minerals involved, 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) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.III, 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 petitioners are directed to deposit a sum of Rs.7,500/- (Rupees Seven Thousand and Five Hundred only)each to the credit of Headmistress, Government Higher Secondary School, Maharajapuram, Watrap Taluk, Virudhunagar District. (Account No.30596803302, CIF No; 85390730313, IFSC Code: SBIN0000921, State 2/5

Bank of India, Srivilliputhur Branch, Virudhunagar), without prejudice to his 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 one week 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 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/- 11/09/2024 / TRUE COPY / 11/09/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

3/5

JBR TO 1 THE JUDICIAL MAGISTRATE NO.III THANJAVUR DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM. 3 THE OFFICER INCHARGE, DISTRICT PRISON, THANJAVUR, THANJAVUR DISTRICT. 4 THE INSPECTOR OF POLICE, AYYAMPETTAI 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.

4/5

ORDER

IN CRL OP(MD) No.15300 of 2024 Date :11/09/2024 SA/SAR. /11.09.2024/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5