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M.Veerappan v. The Inspector of Police

Madras HC14 Jun 2021CRL OP(MD)/7702/2021

Case brief

AI extract

What is this about?

The Madras High Court granted bail to accused persons M. Veerappan and V. Karunakaran charged with illegal loading of river sand. The court imposed conditions including financial security, reporting to police, and prohibiting tampering with evidence or absconding.

What did the court decide?

Petitioners released on bond of Rs. 10,000 each with two sureties for Rs. 10,000 each and a deposit of Rs. 5,000 each towards CMPRF.

M.Veerappan Vs The Inspector of Police — Narcotics (NDPS) | Madras HC (2021)

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CRL OP(MD). No.7702 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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( Criminal Jurisdiction )

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The Hon'ble Mr.Justice G.CHANDRASEKHARAN

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CRL OP(MD) No.7702 of 2021

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M.Veerappan 2. V.Karunakaran ... Petitioners/Accused 1&2

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The State rep. by The Inspector of Police, Srirangam Police Station, Srirangam, Trichy. Crime No. 478 of 2021. ... Respondent/Complainant

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For Petitioners: Mr.K.R.Nishanth, Advocate. For Respondent : Mr.E.Antony Sahaya Prabakar, Additional Public Prosecutor

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PETITION FOR BAIL Under Section 439 of Cr.P.C.

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PRAYER :-

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For Bail in Crime No.478 of 2021 on the file of the Respondent Police.

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ORDER : The Court made the following order :-

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The petitioners, who were arrested on 02.06.2021 for the offences punishable under Sections 379 of IPC and Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.478 of 2021 on the file of the respondent police, seek bail.

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2.The case of the prosecution is that on 01.06.2021 at about 7.00 hrs the petitioners said to have illegally loaded river sand in a tipper lorry bearing Reg. No. TN 48 W 1649, Bolera Pick up van bearing Reg. No TN 55 S 3100 and 407 lorry bearing Reg. No. TN 48 AJ 3452 . Hence, the complaint.

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3.The learned counsel for the petitioners would submit that the https://hcservices.ecourts.gov.in/hcservices/ petitioners are innocent and they been falsely implicated in this

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CRL OP(MD). No.7702 of 2021

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case. He would further submit that the petitioners are in judicial custody from 02.06. 2021, hence he seeks bail.

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4.The learned Additional Public Prosecutor appearing for the respondent police opposed this petition on the ground that the petitioners were caught red handed while they were loading river sand. He would further submit that no previous case of similar nature is pending against the petitioners.

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5.Taking into consideration all these facts and also considering the period of incarceration and also the fact that the material witnesses are only official witnesses this Court is inclined to grant bail to the petitioners.

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6.Accordingly, the petitioners are ordered to be released on bail on executing their own bond for a sum of Rs.10,000/-(Rupees Ten Thousand only)each before the Jail Authority. The petitioners after their release shall surrender before the concerned Judicial Magistrate voluntarily on any working day within a period of one month from the date of resumption of regular work in the Subordinate Courts and execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Principal District and Sessions Judge, Trichy. On such execution of bond before the concerned Magistrate, the own bond executed before the Jail Authority shall stand cancelled automatically.

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i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity.

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(ii)the petitioners are directed to deposit a sum of Rs .5,000/(Rupees Five Thousand only) each to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172), within a period of two weeks without prejudice to their rights and contentions before the trial Court and produce the receipt/acknowledgment before the learned Principal District and Sessions Judge, Trichy.

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iii)the petitioners shall report before the respondent police daily at 10.30 am., until further orders.

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iv)the petitioners shall not tamper with evidence or witness.

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v)the petitioners shall not abscond during trial.

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vi)On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions https://hcservices.ecourts.gov.in/hcservices/

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CRL OP(MD). No.7702 of 2021

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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].

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vii)If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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sd/-

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14/06/2021

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/ TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, TRICHY. 2. THE SUPERINTENDENT, CENTRAL PRIOSN, TIRUCHIRAPPALLI. 3. THE INSPECTOR OF POLICE, SRIRANGAM POLICE STATION, SRIRANGAM, TRICHY. 4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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COPY TO:

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THE OFFICER INCHARGE, CHIEF MINISTER PUBLIC RELIEF FUND, GOVERNMENT OF TAMIL NADU, SECRETARIAT, CHENNAI-9.

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+1 CC to Mr.K.R.NISHANTH, Advocate ( SR-3971[I] dated 14/06/2021 ) ORDER IN CRL OP(MD) No.7702 of 2021 Date :14/06/2021 AAV https://hcservices.ecourts.gov.in/hcservices/ SRS/VR/SAR-I/14.06.2021/3P/7C

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M.Veerappan v. The Inspector of Police

Case brief

What is this about?

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M.Veerappan v. The Inspector of Police

Case brief

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