Allowed

Saravanan v. the State Rep by

Madras HC12 Aug 2020CRL OP/11809/2020

Case brief

AI extract

What is this about?

The High Court of Madras granted bail to the petitioner, who was arrested for illegal sand transport. The court imposed conditions including a donation to a charitable organization, execution of a bond, surrender before a Magistrate with sureties, and reporting to police.

What did the court decide?

Bail granted subject to payment of donation, execution of bond, furnishing sureties, reporting to police, and appearing before the District Munsif with sureties.

Saravanan Vs the State Rep by — Land Acquisition | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 12.08.2020

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CORAM :

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THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA

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Crl.O.P.No.11809 of 2020

Saravanan

... Petitioner

Vs.

The State Rep. By Inspector of Police Valangaiman Police Station Thiruvarur District

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(Crime No.1491 of 2020) ... Respondent

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PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.1491 of 2020 on the file of the respondent police.

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For Petitioner : Mr.Swami Subramanian For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side) O R D E R

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(The case has been heard through video conference)

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The petitioner, who was arrested and remanded to judicial custody on 10.07.2020 for the offences punishable under Section 379 & 430 IPC in Crime No.1491 of 2020, seeks bail.

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The case of the prosecution is that the petitioner had illegally transported 2 units of river sand without any permit or valid licence. Hence, the complaint.

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3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. On instruction, he would further submit that taking into consideration the Covid pandemic situation the petitioner without prejudice to his defence, is prepared to make considerable donation to any charitable Organization or Association, and that the petitioner has been suffering incarceration from 10.07.2020. Hence, he prays to grant bail to the petitioner.

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The learned Government Advocate (Crl. Side) would submit that the petitioner had illegally transported two units of river sand without any valid licence or permit. Hence, he vehemently opposes to grant bail to the petitioner. He would further submit that the petitioner has no previous cases.

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https://hcservices.ecourts.gov.in/hcservices/

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In order to curb the illegal sand mining activities and taking into consideration the voluntary submission made by the petitioner offering to donate/pay considerable amount to any charitable organization or association this Court is of the opinion that the petitioner shall be directed to make a payment/donation of a sum of Rs.10,000/- (Rupees Ten Thousand only) to the Tamil Nadu Advocate Clerk Association, High Court Madras, Indian Bank High Court Branch Account No.484026006, IFS Code IDIB000M157 and on such payment and production of proof he shall be released on bail on him executing a own bond for a sum of Rs.10,000/- (Rupees ten thousand only), before the Superintendent of the concerned prison, in which the petitioner has been confined and thereafter on his release;

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(b) the petitioner shall report before the respondent police every day at 10.30 a.m. for a period of two weeks and thereafter on every Monday at 10.30 a.m. until further orders.

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(c) thereafter on his release within a period of two weeks after lifting of lockdown or commencement of the Court's normal functioning whichever is earlier, shall surrender before the District Munsif cum Judicial Magistrate, Valangaiman, Thiruvarur District and furnish two sureties for a sum of Rs.10,000/-each failing which the bail granted by this Court shall stand dismissed automatically.

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(d) Merely, because the petitioner deposits the said amount, it would not amount to admission of his guilt. Therefore, it is open to the trial Court to deal with the case independently.

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(e) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

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(f) the petitioner shall not commit any offences of similar nature;

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(g) the petitioner shall not abscond either during investigation or trial;

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(h) the petitioner shall not tamper with evidence or witness either during investigation or trial;

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(i) on breach of any of the aforesaid conditions, the learned Judicial 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];

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(j) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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https://hcservices.ecourts.gov.in/hcservices/

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With the above directions, this Criminal Original Petition is ordered.

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-sd/-

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12/08/2020 This order, on being produced, be punctually observed and carried into execution by all concerned

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TRUE COPY

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

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1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, VALANGAIMAN, THIRUVARUR DISTRICT. 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS. 3 INSPECTOR OF POLICE, VALANGAIMAN POLICE STATION, THIRUVARUR DISTRICT.

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4 THE OFFICER INCHARGE, SUB JAIL, MANNARGUDI

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5 TAMIL NADU ADVOCATE CLERK ASSOCIATION, MADRAS HIGH COURT, CHENNAI (INDIAN BANK, HIGH COURT BRANCH, A/C NO. 484026006, IFSC CODE:IDIB000M157)

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CC to M/S.SWAMISUBRAMANIAN Advocate on payment of necessary charges CRL OP.11809/2020 Date :12/08/2020 RVR 15/09/2020

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https://hcservices.ecourts.gov.in/hcservices/

Saravanan v. the State Rep by

Case brief

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Saravanan v. the State Rep by

Case brief

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