M.Muniyappan vs Inspector Of Police

M.Dhandapani, J

The petitioner / sole accused, who was arrested and remanded to judicial custody on 30.01.2024 for the alleged offence punishable under Section 379 of I.P.C., in Crime No.42 of 2024, on the file of the respondent Police, seeks bail.

The case of the prosecution is that the petitioner has illegally transported two units of river sand. Hence, the complaint.

The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution. However, the petitioner is ready to deposit a sum of Rs.50,000/- to the Government Girls High School, Vadamadurai-Oddanchadram Road, Rajagopalapuram, Vedasathur, Dindigul District, without prejudice to his defence before the trial Court. Hence, he prays for bail.

The learned Additional Public Prosecutor appearing for the respondent Police would submit that there are five previous cases pending against the petitioner. Therefore, he vehemently opposed for grant of bail to the petitioner.

Considering the facts and circumstances of the case and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

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 learned Judicial Magistrate, Vedasandur and on further conditions that:

(a)as per the undertaking given by the petitioner, the petitioner shall make a non-refundable deposit of Rs.50,000/- (Rupees Fifty Thousand only) to the Government Girls High School, Vadamadurai-Oddanchadram Road, Rajagopalapuram, Vedasathur, Dindigul District without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before the trial Court while executing the sureties; Thereafter, the Headmaster of the School shall spend the amount for the welfare of the students and file necessary proof before the learned Magistrate;

(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 is directed to appear before the respondent police as and when required for interrogation;

(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.