Kabildoss v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Kabildoss ... Petitioner/Accused No.2 Vs The State of Tamil Nadu, Rep By, the Inspector of Police, Bazar Police Station, Ramanathapuram District.
(Crime No.316/2024).
... Respondent/Complainant For Petitioner : M/s.Dhilipan Pandian.R.L, Advocate. For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL UNDER SECTION 483 OF BNSS PRAYER :- For Bail in Crime No.316 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 15.10.2024 for the offences punishable under Sections 303(2), 132 of BNS, r/w. Section 21(1) of Mines and Minerals (Development and Regulations) Act, 1957 in crime No. 316 of 2024 on the file of the respondent police, seek bail. 2.The case of the prosecution is that the petitioner herein had illegally transported 1 1⁄2 unit of Savudu sand. Hence, the case.
3. Heard the learned counsel for the petitioner 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 petitioner and that the petitioner is ready and willing to deposit a sum of Rs.5,000/- each without prejudice to his contentions and that the petitioner is in prison from 15.10.2024, I am inclined to enlarge the petitioner on bail.
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 learned Judicial Magistrate No.I, Ramanathapuram. (i)the sureties shall affix their photographs and left thumb impression in the 2/5
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 petitioner is directed to pay a sum of Rs.5,000/- (Rupees Five Thousand only) 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 his rights and contentions before the trial Court and produce the receipt/acknowledgment before the concerned Court while executing sureties; (iii)the petitioner 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 petitioner shall not tamper with evidence or witness; v)the petitioner 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 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 229-A IPC.
sd/- 25/10/2024 / TRUE COPY / 25 / 10 /2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
TRP TO 1 THE JUDICIAL MAGISTRATE NO.I, RAMANATHAPURAM.
2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.
3 THE OFFICER INCHAGE, SUB JAIL, RAMANATHAPURAM.
4 THE INSPECTOR OF POLICE, BAZAR POLICE STATION, RAMANATHAPURAM DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.R.L.DHILIPAN PANDIAN, Advocate ( SR-13160[I] dated 25/10/2024 ) 4/5
ORDER
IN CRL OP(MD) No.18461 of 2024 Date :25/10/2024 PSP/ /SAR /25.10.2024/ 5P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5