Premkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21.12.2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM Premkumar ... Petitioner/1st Accused Vs The Inspector of Police, Vangal Police Station, Karur District.

Crime No.496 of 2023 ... Respondent/Complainant For Petitioner : Mr.T.Lenin Kumar, Advocate For Respondent : Mr.RMS.Sethu Raman Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.496 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 05.12.2023 for the alleged offence punishable under Section 379 of IPC r/w Section 21(1) of 1/5

TNMMDR Act, 1957 in Crime No.496 of 2023, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner and other accused persons were involved in illegal sand mining of three units of river sand by using a tipper lorry. Hence, the case.

3.The learned counsel appearing for the petitioner would contend that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is in custody from 05.12.2023, hence he seeks bail.

4.The learned Additional Public Prosecutor appearing for the respondent Police would submit that the petitioner and other accused persons were involved in illegal sand mining of three units of river sand by using a tipper lorry, hence, he strongly objected to grant bail to the petitioner.

5.Heard both sides and perused the materials available on record. 2/5

6.Considering the facts and circumstances and also taking into consideration the period of incarceration and taking into consideration of the principle stated by the Honourable Supreme Court in Sanjay Chandra and others vs. CBI reported in (2012) 1 SCC 40 and the nature of the offence alleged as against the petitioner, this Court is inclined to grant bail to the petitioners, subject to the following conditions: [i] Accordingly, the petitioner is ordered to be released on bail on condition to execute 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, Karur and on further conditions that:

(ii) 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; (iii) the petitioner shall appear before the trial Court on summons. (iv)the petitioner shall not tamper with evidence or witness; 3/5

(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 229A IPC.

sd/- 21/12/2023 / TRUE COPY / 21/12/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

cmr TO 1 THE JUDICIAL MAGISTRATE NO.II, KARUR 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR.

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3.THE OFFICER IN CHARGE, , SUB JAIL, KARUR.

4.THE INSPECTOR OF POLICE, VANGAL POLICE STATION, KARUR DISTRICT.

5.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.T.LENINKUMAR, Advocate ( SR-18131[I] dated 21/12/2023 )

ORDER

IN CRL OP(MD) No.22462 of 2023 Date :21/12/2023 RK/(21/12/2023) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5