The High Court of Madras granted bail to three petitioners arrested for offenses connected to an explosion accident during rock clearing work in Government land, subject to bond and reporting conditions.
Released on bail with bond of Rs. 10,000 each and sureties, subject to reporting, non-attendance, and other conditions of bail.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.11.2020
CORAM
THE HONOURABLE MR.JUSTICE. M.NIRMAL KUMAR
Crl.O.P.No.18562 of 2020
... Petitioners
Vs.
State Rep by The Inspector of Police, Sankari Police Station, Salem District. (Crime No.552 of 2020) ... Respondent
Prayer: Criminal Original Petition filed under Section 439 Cr.P.C, to enlarge the petitioners on bail pending investigation in Crime No.552 of 2020 on the file of the respondent police.
For Petitioners : Mr.R.Ezhilarasan
For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl.Side)
ORDER
This case has been heard through video conference
The petitioners who were arrested and remanded to judicial custody on 01.10.2020 for the offence punishable under Sections 294(b), 506(i), 379 of IPC Sections 21(1) of Mines and Minerals (Development and Regulation) Act 1957; Section 3(1) of Prevention of Damage to Public Property Act 1984; 9(B)(1)(b) of Explosive Act 1884 Section 3 of Explosive Substances Act 1908; Section 304(2) of IPC, in Crime No.552 of 2020 on the file of the respondent police, seek bail.
(a) the petitioners are ordered to be released on bail and they shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each, with two sureties before learned Judicial Magistrate No.1, Sankari,.
(b) 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;
(c) the petitioners shall report before the respondent police as and when required for interrogation.
(d) the petitioners shall not commit any offences of similar nature;
(e) the petitioners shall not abscond either during investigation or trial;
(f) the petitioners shall not tamper with evidence or witness either during investigation or trial;
(g) on breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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];
(h) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
-sd/-
24/11/2020
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.I, SANKARI.
2 THE CHIEF JUDICIAL MAGISTRATE
SALEM [FOR INFORMATION]
3 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE INSPECTOR OF POLICE, SANKARI POLICE STATION, SALEM DISTRICT.
CC to M/S.R.EZHILARASAN Advocate on payment of necessary charges
https://hcservices.ecourts.gov.in/hcservices/ cs 27/11/2020
1 issue framed by the court
Whether the petitioners accused of offenses related to an explosion accident during rock clearance should be granted bail while in judicial custody.
Colour shows how this judgement treated each authority
P.K.Shaji vs. State of KeralaReferred¶27
P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560] · Who else cites this
8 provisions across 5 enactments
Balakrishnan
Govindhan
Iyyandurai @ Subramani
State
M. Nirmal Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
M. Nirmal Kumar
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