Rajeshkannan vs Inspector Of Police

P. Dhanabal, J

The petitioner/ accused who was arrested and remanded to judicial custody on 22.08.2023 for the offences punishable under Sections 379 of IPC r/w. 21(1) of Mines and Minerals (Development and Regulation) ACt, 1957 in Crime No.372 of 2023 on the file of the respondent Police, seek bail.

The case of the prosecution is that the petitioner has illegally transported one unit of sand in a tractor, hence the case came to be registered.

The learned counsel appearing for the petitioner would contend that the petitioner is innocent and a false case has been foisted again him The petitioner was arrested and remanded to judicial custody on 22.08.2023 and he is still in judicial custody, hence he may be granted bail.

The learned Additional Public Prosecutor appearing for the respondent would contend that the petitioner has illegally transported one unit of sand in a tractor. He would further submit that no previous case is pending against the petitioner, however he strongly objected to grant bail to the petitioner.

Heard both side and perused the materials available on record.

Considering the rival submissions on either side and considering the nature of offence charged against the petitioner and period of incarceration and also considering the fact that no previous case is pending against the petitioner this Court is inclined to grant bail to the petitioner, subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released on bail on condition to execute 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, Pattukottai, Thanjavur District and on further conditions that:

[b] the petitioner shall report before the respondent police on every Saturday at 10.00 am., for a period of four weeks and thereafter as and when required for interrogation.

[c] the petitioner shall not commit any offences of similar nature.

[d] the petitioner shall not abscond either during investigation or trial.

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[f] On breach of any of the aforesaid conditions, the learned Judicial 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.