The High Court of Judicature at Madras granted bail to the petitioner, who was arrested for illegally transporting magnesite stones without valid documents. The court directed a non-refundable deposit and imposed standard bail conditions.
Petitioner released on bail with Rs.25,000 non-refundable deposit and Rs.10,000 bond with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.12.2021
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI
Crl.O.P.No.23522of 2021
K.Ashokan ... Petitioner
Vs.
State Represented by The Inspector of Police, Karuppur Police Station, Salem District. (Crime No.451 of 2021) ...Respondent
PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.451 of 2021 on the file of the respondent police.
For Petitioner : Mr.S.Ganeshkumar
For Respondent : Mr.N.S.Suganthan
Government Advocate (Crl. Side)
ORDER
(The case has been heard through video conference)
The petitioner who was arrested and remanded to judicial custody on 21.11.2021 for the offences under Section 379 IPC r/w 21(1) Mines and Minerals (Development & Regulation) Act 1957, in Crime No.451 of 2021, on the file of the respondent police, seeks bail.
(a) the petitioner shall make non-refundable deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) through demand draft to the Registered Advocate Clerks Association, Salem, without prejudice to his defence before the trial Court and the learned Judicial Magistrate, after perusing the challan/ receipt, shall accept the sureties furnished by the petitioner;
(b)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
(c) the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders;
(d)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(e)the petitioner shall not abscond either during investigation or trial;
(f)on breach of any of the aforesaid conditions, the learned 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]; and;
(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/-
07/12/2021
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, SALEM.
2 THE CHIEF JUDICIAL MAGISTRATE
SALEM [FOR INFORMATION]
3 THE INSPECTOR OF POLICE, KARUPPUR POLICE STATION, SALEM DISTRICT.
4 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.
5 THE REGISTERED
ADVOCATE CLERKS ASSOCIATION, SALEM DISTRICT.
6 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S S.GANESHKUMAR Advocate on payment of necessary charges
CRL OP.23522/2021
Date :07/12/2021
CSK 08/12/2021
2 issues framed by the court
Whether bail should be granted to the petitioner in the present circumstances.
Whether the petitioner can be directed to make a non-refundable deposit as a condition of bail.
Colour shows how this judgement treated each authority
P.K.Shaji Vs. State of KeralaExplained¶29
P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560] · Who else cites this
4 provisions across 3 enactments
K.Ashokan
State
T.V.Thamilselvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
T.V.Thamilselvi
Parties & counsel
