Bail sought by two accused arrested for transporting half a unit of river sand in a van, registered under IPC Sections 379 and 430 and Section 21(1) of the MMDR Act. The Madras High Court granted bail on condition of a non-refundable deposit of Rs.10,000 to the District Revenue Officer, with bonds, sureties and daily police reporting.
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Crl.O.P.No.2308 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.02.2024
CORAM
THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN
Crl.O.P.No.2308 of 2024
1.Sivamohan 2.Sekar
...Petitioners/Accused
Vs.
State represented by The Inspector of Police, Muthupettai Police Station, Thiruvarur District.
(Crime No.561 of 2023) ...Respondent
PRAYER:
Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioners on bail concerned in Crime No.561 of 2023 on the file of the respondent police on such terms and conditions.
For Petitioner s : Mr.M.Vijayaragavan For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side)
Crl.O.P.No.2308 of 2024
ORDER
The petitioners seek bail in Crime No.561 of 2023, registered by the respondent police for the offences punishable under Sections 379, 430 of IPC and Sections 21(1) of Mines and Minerals (Development & Regulation) Act, 1957. They had been arrested and remanded to judicial custody on 06.01.2024.
have transported 1/2 unit of river sand in a van. Hence the complaint.
are innocent and they have been falsely implicated in this case. He further stated that the petitioners are ready to abide by any condition imposed by this Court. Hence, he prays for grant of bail to the petitioners.
Crl.O.P.No.2308 of 2024
submissions made by the learned counsels, this Court is inclined to grant bail to the petitioners subject to the following conditions:
Crl.O.P.No.2308 of 2024
[a] 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.
[b] the petitioners shall report before the respondent Police everyday at 10.30 a.m., until further orders.
[c] the petitioners shall not abscond either during investigation or trial.
[d] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance
Crl.O.P.No.2308 of 2024
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].
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
07.02.2024
ata
Crl.O.P.No.2308 of 2024
C.V.KARTHIKEYAN. J.
ata
To
Crl.O.P.No.2308 of 2024
07.02.2024
1 issue framed by the court
Whether the accused arrested for illegally transporting river sand should be enlarged on bail in Crime No.561 of 2023.
Colour shows how this judgement treated each authority
P.K.Shaji vs. State of KeralaApplied
[(2005)AIR SCW 5560] · Who else cites this
4 provisions across 3 enactments
Sivamohan
Sekar
State represented by The Inspector of Police, Muthupettai Police Station, Thiruvarur District
C.V.Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
