S.Paramasivam v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/11/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN S.Paramasivam ... Petitioner/Accused (Rank Not Known) Vs State Rep.by The Inspector of Police, Muthaiahpuram Police Station, Thoothukudi District.
(Crime No.14/2022).
... Respondent/Complainant For Petitioner : M/s.Raamakrishnan Ka, Advocate. For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.14/2022 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 18.09.2022 for the offences punishable under Sections 379, 380 and 447 of IPC and Section 21(5) of MMDR Act, in Crime No.14 of 2022 on the file of the respondent police, seeks bail.
2.The case of the prosecution is that on 09.01.2022, the defacto complainant, who is the Assistant Director of Mines and Minerals Department, along with other officials checked the stock of the minerals like semi processed garnet and processed garnet in the BMC godown, situated at Mullakad Part-II in S.No.651/3, which were stored from 27.11.2017 onwards and found that 17,240 tons of semi processed Garnet Illuminate and 2404 tons of processed and 87 tons of processed Garnet were missing. On enquiry, it came to know that the owner of the godown along with other accused trespassed into the BMC godown and stole the properties in three occasions from 27.11.2017 to 09.01.2022 by lorries. Hence, the complaint. 3.The learned counsel for the petitioner would submit that based on the confession statement of the co-accused, the petitioner has been falsely implicated in this case and he is innocent and he has nothing to do with the alleged offence He would further submit that this is the second bail application and the earlier application 1/3
was dismissed by this Court, dated 11.10.2022 in Crl.O.P.(MD) No.17682 of 2022.
He would further submit that the co-accused have already been released on bail and the petitioner is in judicial custody from 18.09.2022 and therefore, the petitioner may be released on bail.
4.The learned Additional Public Prosecutor would submit that the petitioner is the in-charge of the godown and he has removed the garnet sand from the godown, worth about Rs.40,52,89,200/- and he is not having any previous case. He would further submit that six witnesses have already been examined and the investigation is still pending and hence, he strongly opposed to grant bail to the petitioner.
5.Considering the facts and circumstances of the case and also considering the period of incarceration and also the facts that the co-accused have already been released on bail and the petitioner is not having any bad antecedents and six witnesses have already been examined, this Court is inclined to grant bail to the petitioner on certain conditions.
6.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 No.II, Thoothukudi District. (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 petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;
(iii)the petitioner shall not tamper with evidence or witness; (iv)the petitioner shall not abscond during trial. (v)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]. sd/- 01/11/2022 / TRUE COPY / 01/11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1 THE JUDICIAL MAGISTRATE NO.II, THOOTHUKUDI DISTRICT. 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT. 3 THE OFFICER INCHARGE, PERURUANI JAIL, TUTICORIN, TUTICORIN DISTRICT.
4 THE INSPECTOR OF POLICE, MUTHAIAHPURAM POLICE STATION, THOOTHUKUDI DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.KA.RAMAKRISHNAN, Advocate ( SR-12200[I] dated 01/11/2022 )
ORDER
IN CRL OP(MD) No.19304 of 2022 Date :01/11/2022 SJI RS/SBN/SAR.(01.11.2022) 3P-7C 3/3