Allowed

Neelakandan v. State Rep by

Madras HC21 Sept 2020CRL OP/14754/2020

Case brief

AI extract

What is this about?

High Court of Madras granted bail to the petitioner accused of illegal sand transport under IPC and MMDRA charges. Bail was conditional upon payment of a donation to the Chief Minister's Public Relief Fund and execution of a bond with sureties.

What did the court decide?

Petitioner released on bail subject to payment of Rs.5000 donation to CM's Fund, execution of bond with sureties, and compliance with reporting conditions.

Neelakandan Vs State Rep by — Mining and Natural Resources | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 21.09.2020

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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.14754 of 2020

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Neelakandan ... Petitioner

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Vs.

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State by The Inspector of Police, Manavalanagar Police Station, Tiruvallur district.

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Crime No.1790 of 2020 ... Respondent

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PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner/accused on bail in Crime No.1790 of 2020 on the file of the respondent police.

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For Petitioner : Mr.R.Sasikumar

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For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side)

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O R D E R (The case has been heard through video conference)

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The petitioner, who was arrested and remanded to judicial custody on 30.08.2020 for the offences punishable under Sections 379,430 of IPC r/w Section 21(1) of Mines and Minerals (Development and Regulation) Act in Crime No.1790 of 2020, on the file of the respondent police, seeks bail.

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The case of the prosecution is that the petitioner had illegally transported five bags of sand in a two wheeler, without any permit or valid license. Hence, the complaint.

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The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case. On instruction, he would further submit that taking into consideration of 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 30.08.2020. Hence, he prays to grant bail to the petitioner.

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

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The learned Government Advocate (Crl. Side) would submit that the petitioner had illegally transported five bags of sand in a two wheeler without any valid license or permit. Hence he vehemently opposed to grant bail to the petitioner. He would further submit that the petitioner has three previous cases.

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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 for a sum of Rs.5,000/- (Rupees Five Thousand only) to the “ Chief Minister's Public Relief Fund, Indian Overseas Bank, Secretariat Branch, Chennai SB.A/c. No.117201000000070, IFSC Code. No.IOBA0001172” and on such payment and production of proof he shall be released on bail on his 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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(a) the petitioner shall within a period of two weeks from the date of the commencement of the Court’s normal functioning, execute two sureties for a sum of Rs.10,000/- (Rupees ten thousand only) each, before the learned Judicial Magistrate No.II, Thiruvallur, failing which the bail granted by this Court shall stand dismissed automatically

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(b) 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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(c) 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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(d) 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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(e) the petitioner shall not commit any offences of similar nature;

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

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

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

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

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With the above directions, this Criminal Original Petition
is ordered.
-sd/-
21/09/2020
This order, on being produced, be punctually observed and carried
into execution by all concerned
TRUE COPY
Sub-Assistant Registrar (Statistics/C.S.)
High Court, Madras - 600 104.
TO
1 THE JUDICIAL MAGISTRATE NO.II,THIRUVALLUR
2 THE JAILER,DISTRICT PRISON,CHENGALPATTU
3 THE PUBLIC PROSECUTOR,HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE,
MANAVALANAGAR POLICE STATION,
THIRUVALLUR DISTRICT.

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5 CHIEF MINISTERS PUBLIC RELIEF FUND, INDIAN OVERSEAS BANK,SECRETARIAT BRANCH,CHENNAI SB.A/C.NO.117201000000070,IFSC CODE. NO.IOBA0001172

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CC to M/S R.SASIKUMAR Advocate on payment of necessary charges

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CRL OP.14754/2020 Date :21/09/2020 GKS:23/09/2020

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

Neelakandan v. State Rep by

Case brief

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Neelakandan v. State Rep by

Case brief

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