Ponnaiyan @ Ponnan v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Ponnaiyan @ Ponnan ... Petitioner/Accused No.1 Vs The State of Tamilnadu Rep., By, the Inspector of Police, Kattuputhur Police Station, Trichy District (Crime No. 251 of 2024).

... Respondent/Complainant For Petitioner : M/s. Arunraj.K., Advocate.

For Respondent : Mr.R.M.Anbuntihi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of B.N.S.S. U/s 439 of Cr.P.C. PRAYER :- For Bail in Crime No. 251 of 2024 on the file of the respondent police. 1/5

ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 17.09.2024 for the offences punishable under Sections 303(2) of BNS, 2023 r/w. Section 21(4) of Mines and Minerals (Development and Regulations) Act, 1957 in Crime No.251 of 2024 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the petitioner herein and other accused had illegally transported 1⁄4 unit of river sand. Hence, the case. 3.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent Police.

4. Considering the nature of allegation and also considering the undertaking of the petitioner to show his bonafide he is ready and willing to deposit a sum of Rs.3,000/- and also considering the fact that the petitioner is in jail from 17.09.2024, I am inclined to enlarge the petitioner on bail 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 2/5

learned District Munsif - cum - Judicial Magistrate, Thottiyam. [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] As per undertaken, the petitioner is directed to deposit a sum of Rs.3,000/- (Rupees Three Thousand only) to the credit of Headmaster, Government Higher Secondary School, G.Udayapatti, Kulithalai, Karur District, (Account No.31470991902, CIF No; 85896796279, IFSC Code: SBIN0000863, State Bank of India, Kulithalai Branch), without prejudice to their rights and contentions before the trial Court;

(iii)The petitioner 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 petitioner shall not tamper with evidence or witness; [v] the petitioner shall not abscond during trial. 3/5

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/- 26/09/2024 / TRUE COPY / 26/09/2024 Sub-Assistant Registrar (PA-I/ AD-I ) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO

1. The District Munsif - cum - Judicial Magistrate, Thottiyam.

2. Do-Through The Chief Judicial Magistrate, Trichy District.

3. The Officer in charge, Sub Jail, Musiri.

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4. The Inspector of Police, Kattuputhur Police Station, Trichy District

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

Copy to The Headmaster, Government Higher Secondary School, G.Udayapatti, Kulithalai, Karur District, +1 CC to M/s.K.ARUNRAJ, Advocate ( SR-11793[I] dated 26/09/2024 )

ORDER

IN CRL OP(MD) No.16224 of 2024 Date :26/09/2024 RK (26/09/2024) 5P / 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5