Sundar @ Sundaralingam vs Inspector Of Police

M.Dhandapani, J

The petitioner/A1, who was arrested and remanded to judicial custody on 27.12.2023 for the offences punishable under Section 379 of IPC and Section 21(5) of Mines and Minerals (Development and Regulation) Act, in Crime No.190 of 2023, on the file of the respondent Police, seeks bail.

2.The case of the prosecution is that the petitioner and other accused were illegally quarrying red soil. Hence the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner did not commit any offence as alleged by the prosecution and he is in judicial custody since 27.12.2023. However, on instructions, he would further submit that the petitioner, on his own volition, is ready to deposit Rs.1,00,000/- to the Othakadai Boys Government Higher Secondary School for the welfare of the students studying in the school. Hence, he prays for grant bail to the petitioner.

4.The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner and other accused were illegally quarrying red soil and hence, he strongly opposed to grant bail to the petitioner.

5.Considering the facts and circumstances of the case and also considering the fact that the petitioner has come forward to deposit Rs.1,00,000/- to the Othakadai Boys Government Higher Secondary School for the welfare of the students, this Court is inclined to grant bail to the petitioner with certain conditions.

6.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, Peraiyur, and on further conditions that:

(a) After coming out on bail, the petitioner is directed to deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) by way of demand draft drawn in favour of the Headmaster, Othakadai Boys Government Higher Secondary School for the welfare of the students and submit the proof of payment of the said amount before the concerned Court, within a period of two weeks, failing which, the bail already granted shall stand vacated automatically;

(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 daily at 10.30 a.m until further orders;

(c)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioners shall not abscond 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 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]; and;

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.