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Judgment
R. Hemalatha, J
The petitioner, who was arrested and remanded to judicial custody on 07.04.2024 for the alleged offence under Sections 430, 279 of I.P.C. r/w Sec. 21(1) of Mines and Minerals (Development and Regulation) Act in Crime No.124 of 2024 on the file of the respondent police has filed the present bail petition.
The case of the prosecutions is that the respondent police during his regular patrol duty, found the petitioner driving a tractor TN 21 BP 3776 with 1 unit of river sand.
The learned counsel appearing for petitioner submitted that he is an innocent person and is no way connected with the offence. He would also submit that the petitioner has been falsely implicated in this case and he would abide by any condition that may be imposed by this court.
The learned Government Advocate (Crl. Side) appearing for respondent raised objections for enlarging the petitioner on bail and contended that the investigation is still pending.
Considering the facts and circumstances of the case, the petitioner is enlarged on bail on the following conditions :-
i. the petitioner shall execute a bond for Rs.10,000/- (Rupees Ten Thousand only) with two sureties, of whom, one should be a blood relative, each for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Uthiramerur.
ii. 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.
iii. The petitioner shall report before the respondent police daily at 10.00 a.m., until further orders.
iv. The petitioner shall not abscond either during investigation or trial.
v. The petitioner shall not tamper with evidence or witness either during investigation or trial.
vi. On breach of any of the aforesaid conditions, the learned District Munsif cum Judicial Magistrate, Uthiramerur, 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 District Munsif cum Judicial Magistrate, Uthiramerur, himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].
vii. If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.