Allowed

Prasanna v. State Represented by

Madras HC4 Dec 2020CRL OP/19116/2020

Case brief

AI extract

What is this about?

The High Court of Judicature at Madras enlarged the petitioner on bail in an FIR for illegal sand transportation, conditioning release on a donation to the Chief Minister's Public Relief Fund, execution of a bail bond with sureties, and compliance with several stringent reporting conditions.

What did the court decide?

Bail granted on condition of donating Rs. 5,000 to Chief Minister's Public Relief Fund and executing a bond with two sureties.

Prasanna Vs State Represented by — Bail and Remand | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 04.12.2020

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CORAM :

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THE HON'BLE Mr. JUSTICE M.NIRMAL KUMAR

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CRL.O.P.No.19116 of 2020

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Prasanna ... Petitioner -Vs.State represented by ... Respondent The Inspector of Police, Peralam Police Station, Thiruvarur District. (Crime No.2327 of 2020) PRAYER: Criminal Original Petition filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail pending investigation in Crime No.2327 of 2020 on the file of the respondent police. For Petitioner : Mr.T.Muruganantham For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side) ORDER (The case has been heard through video conference)

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The petitioner, who was arrested and remanded to judicial custody on 05.11.2020 for the offence punishable under Sections 430 and 379 of IPC in Crime No.2327 of 2020 on the file of the respondent police, seeks bail.

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The case of the prosecution is that the petitioner was found to be illegally transporting half unit of river sand in Bullock Cart, without any permit or valid licence.

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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 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 05.11.2020.

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

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4.The learned Government Advocate (Crl. Side) appearing for the respondent would vehemently oppose stating that the petitioner was found to be illegally transporting half unit of river sand without any valid permit and licence. He would further submit that the petitioner has got no previous case.

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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.

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No.IOBA0001172” and on such payment and production of proof, he shall be released on bail on further condition to execute 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 the learned Judicial Magistrate, Nanilam, and on further conditions that;

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(a) 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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(b) the petitioner shall report before the respondent police every day at 10.30 a.m., until further orders;

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

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

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

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(g) 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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(h) 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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04/12/2020

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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
1 THE JUDICIAL MAGISTRATE,
NANILAM.
2 THE CHIEF JUDICIAL MAGISTRATE
THIRUVARUR. [FOR INFORMATION]
3 THE PUBLIC PROSECUTOR
HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE,
PERALAM POLICE STATION,
THIRUVARUR DISTRICT.
5 THE JAILER,
SUB JAIL, NANILAM.
6 THE CHIEF MINISTERS PUBLIC RELIEF FUND,
INDIAN OVERSEAS BANK,
SECRETARIAT BRANCH, CHENNAI SB.A/C. NO.
117201000000070, IFSC CODE. NO.IOBA0001172”
CC to M/S.T.MURUGANANTHAM Advocate on payment of necessary
charges
CRL OP.19116/2020
Date :04/12/2020
TA-08/12/2020

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

Prasanna v. State Represented by

Case brief

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Prasanna v. State Represented by

Case brief

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