CRL OP/20869/2020 of PADAIYAPPA @ RAMESH Vs STATE BY on 30 December 2020

Relief

Padaiyappa @ Ramesh

Vs.

State byThe Inspector of Police,Muthupettai Police Station,Tiruvarur District.(Crime No.2541 of 2020) ... Respondent PRAYER: Criminal Original Petition filed under Section 439 ofCriminal Procedure Code to enlarge the petitioner on bail inCrime No.2541 of 2020 on the file of the Inspector of Police,Muthupettai Police Station, Tiruvarur District.

The petitioner, who was arrested and remanded to judicialcustody on 08.12.2020 for the offence punishable under Section379 & 430 of IPC r/w 21(1) of Mines and Minerals Act in CrimeNo.2541 of 2020 on the file of the respondent police, seeks bail.

2. The case of the prosecution as per the de factocomplainant Senthilkumar, Village Administrative Officer,Idumbavanam Village, is that while the respondent police were ontheir routine patrol duty, the petitioner was found in illegaltransportation of half unit of sand by using Bolero bearingregistration No. TN-99 J-4214, without any valid license. Hence,the complaint.

3. The learned counsel appearing for the petitioner wouldsubmit that the petitioner is an innocent person and he has beenfalsely implicated in this case. On instruction, he would furthersubmit that without prejudice to his defence, the petitioner isprepared to deposit considerable amount to any charitableOrganization or Association, and that the petitioner has beensuffering incarceration from 08.12.2020. Hence, he prays togrant bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing forthe respondent would submit that while the respondent police wereon their routine patrol duty, the petitioner was found in illegaltransportation of half unit of sand by using Bolero without anyvalid license. He would submit that there is no previous caseagainst the petitioner. However, he opposed to grant bail to thepetitioner.

5. In order to curb the illegal sand mining activities, thisCourt is of the opinion that the petitioner is directed todeposit a sum of Rs.5,000/- (Rupees Five Thousand only) as nonrefundable deposit to the “Chief Minister's Public Relief Fund,Indian Overseas Bank, Secretariat Branch, Chennai SB.A/c.No.117201000000070, IFSC Code. No.[REDACTED]”, without prejudiceto his rights and contentions before the trial Court.

6. Merely, because the petitioner deposits the said amount,it would not amount to admission of his guilt. Therefore, it isopen to the trial Court to deal with the case independently.

7. Overall consideration of the facts, the nature ofaccusation, the nature of offences, the materials in support ofthe accusation and the circumstances of the case and the periodof detention of the petitioner in the judicial custody, thisCourt is inclined to grant bail to the petitioner subject to thefollowing conditions:

(a) Accordingly, the petitioner is ordered to be released onbail on condition to make a non refundable deposit of Rs.5,000/-(Rupees Five Thousand only) through RTGS/NEFT in favour of the“Chief Minister's Public Relief Fund, Indian Overseas Bank,Secretariat Branch, Chennai SB.A/c. No.117201000000070, IFSCCode. No.IOBA0001172”, on such deposit and production of proof,the petitioner is ordered to be released on bail on condition toexecute a bond for a sum of Rs.25,000/- (Rupees Twenty FiveThousand only), with two sureties each for a like sum to thesatisfaction of the learned Judicial Magistrate, Tiruthuraipoondiand on further conditions that:

(b) the sureties shall affix their photographs and LeftThumb Impression in the surety bond and the learned Magistratemay obtain a copy of their Aadhar Card or Bank Pass Book toensure their identity;https://hcservices.ecourts.gov.in/hcservices/

(c) the petitioner shall report before respondent policeeveryday at 10.30 a.m., until further orders.

(d) the petitioner shall not commit any offences of similarnature; (e) the petitioner shall not abscond either duringinvestigation or trial;

(f) the petitioner shall not tamper with evidence or witnesseither during investigation or trial; (g) on breach of any of the aforesaid conditions, thelearned Judicial Magistrate/Trial Court is entitled to takeappropriate action against the petitioner in accordance with lawas if the conditions have been imposed and the petitionerreleased on bail by the learned Magistrate/Trial Court himself aslaid down by the Hon'ble Supreme Court in P.K.Shaji vs. State ofKerala [(2005)AIR SCW 5560]; (h) if the accused thereafter abscond, a fresh FIR can beregistered under Section 229A IPC.

8. With the above directions, this Criminal OriginalPetition is ordered.

-sd/-

30/12/2020

This order, on being produced, be punctually observed and carriedinto execution by all concerned TRUE COPY

Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO

1 THE JUDICIAL MAGISTRATE,

TIRUTHURAIPOONDI.

2 THE CHIEF JUDICIAL MAGISTRATETIRUVARUR [FOR INFORMATION]

3 THE SUPERINTENDENT,DISTRICT PRISON, NAGAPATTINAM.

4 THE PUBLIC PROSECUTORHIGH COURT, MADRAS.

5 THE INSPECTOR OF POLICE, MUTHUPETTAI POLICE STATION, TIRUVARUR DISTRICT.

6 THE CHIEF MINISTERS PUBLIC RELIEF FUND, INDIAN OVERSEAS BANK, SECRETARIAT BRANCH, CHENNAI SB.A/C. NO.117201000000070, IFSC CODE. NO.[REDACTED]”, +1CC to M/S. N.PALANIVEL Advocate on payment of necessarycharges SR NO.8750 CRL OP.20869/2020 Date :30/12/2020MK:30/12/2020