M.Shankar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/12/2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM M.Shankar ... Petitioner / Accused No.1 Vs The Inspector of Police, Ayyampetttai Police Station, Thanjavur District.

(Crime No.427/2023).

... Respondent/Complainant For Petitioner :

Dhilipan Pandian R L, Advocate.

For Respondent :

Mr.R.M.S.Sethuraman, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.427/2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/ A1 who was arrested and remanded to judicial custody on 08.12.2023 for the alleged offence punishable under Sections 379 of IPC r/w.21(4) of Mines and Minerals(Development and Regulation) Act in Crime No.427 of 2023, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner along with other accused 1/4

have illegally transported 1⁄4 unit of river sand in bullock cart. 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 08.12.2023, hence he seek bail.

4.The learned Additional Public Prosecutor appearing for the respondent Police would submit that petitioner along with other accused have illegally transported 1⁄4 unit of river sand in bullock cart, hence, he strongly objected to grant bail to the petitioner. However he fairly concedes that no previous case is pending against the petitioner.

5.Considering the nature of allegations made against the petitioner and also considering the period of incarceration and taking note of the fact that no previous case is pending against the petitioner and also 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 by the petitioner, this Court is inclined to grant bail to the petitioner. 6.Accordingly, the petitioner is ordered to be released on bail on condition to execute a own bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) subject to the satisfaction of the learned Judicial Magistrate No.III, Thanjavur and on further 2/4

conditions that:

(i) the petitioner shall appear before the trial Court on receipt of summons (ii)the petitioner shall not tamper with evidence or witness; (iii)the petitioner shall not abscond during trial. (iv) 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]. v)If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 20/12/2023 / TRUE COPY / 20/12/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV To 1.The Judicial Magistrate No.III, Thanjavur.

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2.Do through the Chief Judicial Magistrate, Thanjavur District at Kumbakonam.

3.The Inspector of Police, Ayyampettai Police Station, Thanjavur District.

4.The Officer Incharge, District Prison, Thanjavur, Thanjavur District.

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

+1 CC to M/s.R.L.DHILIPAN PANDIAN, Advocate ( SR-18098[I] dated 20/12/2023 )

ORDER

IN CRL OP(MD) No.23007 of 2023 Date :20/12/2023 ED/ /SAR- (15/12/2023) 4P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4