Allowed

V.Guna v. State Rep.by

Madras HC28 Aug 2024CRL OP/20533/2024

Case brief

AI extract

What is this about?

Crl.O.P.No.20533 of 2024 was filed by V.Guna for bail in a case involving illegal transportation of gravel stones. The petitioner, already under judicial custody since 28.07.2024, argued for false implication and readiness to furnish sureties. The court granted bail subject to appearance and conduct conditions.

What did the court decide?

Petitioner released on bail on a bond of Rs. 10,000 with two sureties, subject to conditions of daily reporting, no absconding, and no tampering with evidence.

V.Guna Vs State Rep.by — Company and Corporate | Madras HC (2024)

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Crl.O.P.No.20533 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 28.08.2024

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CORAM

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THE HON'BLE MR. JUSTICE P.DHANABAL

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Crl.O.P.No.20533 of 2024

V.Guna

...Petitioner

Vs.

State represented by, The Inspector of Police Salavakkam Police Station Kanchipuram District (Crime No.161 of 2024)

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... Respondent

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PRAYER: Criminal Original Petition filed under Section 483 of BNSS, 2023, praying to enlarge the petitioner on bail in Crime No.161 of 2024 on the file of respondent police.

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For Petitioner : Mr.A.Saranraj

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For Respondent : Mr.S.Vinothkumar Government Advocate (Crl. Side)

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O R D E R

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Crl.O.P.No.20533 of 2024

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The petitioner, who was arrested and remanded to judicial custody on 28.07.2024 for the offence under Sections 303(2) of the Bharatiya Nyaya Sanhita (BNS), 2023, r/w 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.161 of 2024 on the file of the respondent police, seeks bail.

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The case of the prosecution is that the petitioner on 28.07.2024 is

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alleged to have illegally transported 2 tons of gravel stone in a Ashok Leyland Lorry bearing Registration No.TN 56H 0853 and to lift by using Crane bearing Registration No.TN 21BH 1033 near Arunkulam village at Thirumukkodal to Salavakkam Salai. Hence, the case.

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Learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution, he has been falsely implicated in this case, and he is a law-abiding citizen. He further submitted that the petitioner is ready and willing to furnish substantial sureties for his due release and to abide by any conditions that may be imposed by this Hon'ble Court, and therefore, he prayed to grant bail to the petitioner.

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Learned Government Advocate (Criminal Side) appearing for

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Crl.O.P.No.20533 of 2024

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the respondent police opposed granting bail to the petitioner by stating that the petitioner was found to have illegally transported 2 tones of gravel stones and and submitted that two previous case similar in nature are pending against the petitioner and that the investigation is still pending.

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Heard both sides and perused the materials available on record.

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Considering the submissions made by the learned counsel on either side, the nature of offence, and taking into consideration the quantity of material involved in this case and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

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Accordingly, the petitioner is ordered to be released on bail on his executing 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

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learned District Munsif Cum Judicial Magistrate, Uthiramerur, and on further conditions that:

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[a]the petitioner shall report before the

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Crl.O.P.No.20533 of 2024

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respondent police, daily at 10.30 a.m. for a period of thirty days and thereafter, as and when required.

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[b]the petitioner shall not abscond either during investigation or trial;

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[c] the petitioner shall not tamper with evidence or witness either during investigation or trial;

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[d]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];

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[e] if the accused thereafter absconds, a fresh FIR can be registered under Section 229A of the IPC.

28.08.2024

dhk

1.The District Munsif cum Judicial Magistrate

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.20533 of 2024

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Uthiramerur

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2.The Sub Jail, Kanchipuram

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3.The Inspector of Police Salavakkam Police Station Kanchipuram District

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4.The Public Prosecutor, High Court of Madras.

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P.DHANABAL, J .

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dhk

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Crl.O.P.No.20533 of 2024

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Crl.O.P.No.20533 of 2024

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28.08.2024

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V.Guna v. State Rep.by

Case brief

What is this about?

What did the court decide?

V.Guna v. State Rep.by

Case brief

What is this about?

What did the court decide?

What the court decided

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