Senthil v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/12/2020 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.16016 of 2020 Senthil ... Petitioner/Sole Accused Vs The State Rep. by The Inspector of Police, Swamimalai Police Station, Thanjavur District.

(Crime No.1259 of 2020). ... Respondent/Complainant For Petitioner : M/s.Karunakaran.K.M, Advocate.

For Respondent : Mr.R.Erottuchamy, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For a Bail in Crime No.1259 of 2020 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 15.12.2020 for the offences punishable under Section 379 of IPC r/w. Section 21(4) of Mines and Minerals Act, 1957 on the file of the respondent police seeks bail. 2.The case of the prosecution is that the petitioner was found in illegal possession of three bags of river sand.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in the above case.

4.The learned Government Advocate(Crl.Side) appearing for the State would submit that the petitioner was found in illegal possession of three bags of river sand. He would also submit that no previous case is pending against the petitioner.

5. Taking into consideration the facts and circumstances of the case and also taking into consideration the period of incarceration and also taking note of the fact that no previous case is pending against the petitioner, this Court is inclined to grant bail to the petitioner by imposing conditions. 6.Accordingly, the petitioner is ordered to be released on bail on his 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.II, Kumbakonam. 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) the petitioner shall report before the respondent police daily at 10.30 a.

m for a period of two weeks and thereafter before the respondent police as and when required for interrogation. iii)the petitioner shall not tamper with evidence or witness. iv) the petitioner shall not abscond during trial. v)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]. vi) If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 30/12/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE JUDICIAL MAGISTRATE No.II, KUMBAKONAM.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR AT KUMBAKONAM.

3. THE INSPECTOR OF POLICE, SWAMIMALAI POLICE STATION, THANJAVUR DISTRICT.

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

5. THE OFFICER INCHARGE, SUB JAIL, KUMBAKONAM.

ORDER

IN CRL OP(MD) No.16016 of 2020 Date :30/12/2020 AAV/SJI TE/SMA/SAR-III : 30/12/2020 : 3P/6C