Madras High CourtCRL OP(MD)/20213/2024ordered

Ranjithkumar v. The State Of Tamil Nadu

2024-11-21Honourable Mr Justice N. Anand Venkatesh5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/11/2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Ranjithkumar ... Petitioner/Sole Accused Vs The State of Tamil Nadu, Rep. by the Sub Inspector of Police, Salaigramam Police Station, Sivagangai District.

(Crime No. 106 of 2024).

... Respondent/Complainant For Petitioner :

Mr.R.Shenbagaraj, Advocate.

For Respondent :

Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.106 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner / sole accused, who was arrested and remanded to judicial custody on 05.11.2024 for the offence under Section 303(2) of BNS, 2023 r/w Section 1/5

21(4) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.106 of 2024, seeks bail.

2. The case of the prosecution is that the petitioner had transported 2 units of river sand in a four wheeler without any valid license.

3. The learned counsel appearing for the petitioner submitted that the petitioner has nothing to do with the alleged offence and hence, he prayed for bail.

4. The learned Government Advocate (Criminal Side) appearing for the respondent Police submitted that there are three previous cases pending against the petitioner, out of which, two cases are under the IPC offence and one case is similar in nature.

5. Taking into consideration the facts and circumstances of the case and also of the fact that there are three previous cases against the petitioner and the petitioner has suffered incarceration from 05.11.2024, this Court is inclined to grant bail to the petitioner subject to the following conditions.

6. Accordingly, the criminal original petition is ordered 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, Ilayangudi and on further conditions that:- [a] the sureties shall affix their photographs and Left Thumb 2/5

Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; [b] the petitioner shall pay a sum of Rs.15,000/- (Rupees Fifteen Thousand only) to the credit of the M/S. TIRUNELVELI ADVOCATES CLERKS ASSOCIATION (Account No:- 176601000003648, IFSC Code:- IOBA0001766, Indian Bank, without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgement before the learned Judicial Magistrate, Ilayangudi.

[c] the petitioner shall report before the respondent police every Monday and Friday at 05.30 p.m., for a period of eight weeks and thereafter as and when required for interrogation;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[e] the petitioner shall not abscond either during investigation or trial;

[f] 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 3/5

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];

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS 2023.

sd/- 21/11/2024 / TRUE COPY / 21/11/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG To 1.The Judicial Magistrate, Ilayangudi.

2.Do through the Chief Judicial Magistrate, Sivagangai District.

3.The Sub Inspector of Police, Salaigramam Police Station, Sivagangai District.

4.The Officer Incharge District Prison, Sivagangai.

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

4/5

Copy to:

The Officer Incharge, Tirunelveli Advocates Clerks Association, Tirunelveli.

ORDER

IN CRL OP(MD) No.20213 of 2024 Date :21/11/2024 ED/ /SAR- (21/11/2024) 5P / 7 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5