Krishnan v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY
1. Krishnan,
2. Raja, ... Petitioners/Accused No.1 & 2 Vs The State of Tamilnadu, Rep. by the Inspector of Police, Sedapatti Police Station, Madurai District.
Crime No. 186/2024..
... Respondent/Complainant For Petitioners : Mr.T.Palanisamy, Advocate.
For Respondent : Mr.R.M.Anbunithi, 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. 186 of 2024 on the file of the Respondent police. 1/5
ORDER : The Court made the following order :- The petitioners/Accused, who were arrested and remanded to judicial custody on 26.09.2024 for the offences punishable under Sections 303(2) of BNS, 2023 and Section 21(5) of Mines and Minerals (Development and Regulations) Act, 1957 in crime No. 186 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 4 units 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 that the petitioners are ready and willing to deposit a sum of Rs.10,000/- each without prejudice to their contentions and that the petitioners are in prison from 26.09.2024, I am inclined to enlarge the petitioners on bail.
5. Accordingly, this Criminal Original Petition is allowed and the petitioners are 2/5
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, Peraiyur, Madurai 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) As per undertaken, the petitioners are directed to pay a sum of Rs.10,000/- (Rupees Ten Thousand only) each to the Environmental Committee Operated by Registrar (Judicial) [Account No.
7633863037; MICR Code: 625019020, CIF No: 30602376727, IFSC Code: IDIB000H040, High Court Branch, Madurai (2001)], without prejudice to their rights and contentions before the trial Court and produce the receipt/acknowledgment before the concerned Court while executing sureties; (iii)the petitioners shall appear before the respondent Police daily at 10.30 a.
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 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 229-A IPC.
sd/- 16/10/2024 / TRUE COPY / 15/10/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.
TRP TO
1. THE JUDICIAL MAGISTRATE, PERAIYUR, MADURAI DISTRICT.
2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
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3. THE OFFICER IN CHARGE,, SUB JAIL, THIRUMANGALAM. 4.THE INSPECTOR OF POLICE, SEDAPATTI POLICE STATION, MADURAI DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.T.PALANISAMY, Advocate ( SR-12453[I] dated 16/10/2024 )
ORDER
IN CRL OP(MD) No.17531 of 2024 Date :16/10/2024 RK/ (16/10/2024) 5P / 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5