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2023 DIGILAW 785 (MAD)

Nagu @ Nagaraj @ Arupu Nagaraj v. State by, The Inspector of Police, Vellore District.

2023-03-03

T.V.THAMILSELVI

body2023
JUDGMENT (Prayer: Criminal Original Petition has been filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.456 of 2022 pending on the file of the respondent police.) 1. The petitioner, who was arrested and remanded to judicial custody on 20.01.2023 for the alleged offences punishable under Sections 379, 430 of IPC, in Crime No.456 of 2022 on the file of the respondent Police, seeks bail. 2. The case of the prosecution is that the petitioner along with other accused persons had illegally transported half units of river sand in Tata Ace without having any valid permit and the said vehicle was seized by the respondent police. Hence, the complaint. 3. The learned Counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case and he has not committed any such offence as alleged by the prosecution. He further submits that the petitioner is the driver of the said vehicle and he is ready to abide by any condition as imposed by this Court and hence, he prays for grant of bail to the petitioner. 4. Learned Government Advocate (Crl.Side) appearing for the respondent police submits that there are totally two accused in this case and the petitioner herein is arrayed as A2. He further submits that the petitioner along with other accused persons had illegally transported half units of river sand in Tata Ace without having any valid permit and he also submits that the petitioner has 19 previous cases are already pending as against him. However, he vehemently opposed to grant bail to the petitioner. 5. Taking into consideration the facts and circumstances of the case and the submissions made by both the counsel and also of the fact that the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions. 6. However, he vehemently opposed to grant bail to the petitioner. 5. Taking into consideration the facts and circumstances of the case and the submissions made by both the counsel and also of the fact that the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions. 6. Accordingly, the petitioner is directed to deposit a sum of Rs.30,000/- (Rupees Thirty Thousand only) to the credit of Dhanabakkiammal Social Welfare Trust, D-3, 1/338, Vasantham Apartment, Sabari Salai, Madipakkam, Chennai -91, A/C.No.921010003441816, Bank : Axis Bank, Branch : Madipakkam, IFSC Code : UTIB0000083, Cell No.9840894264, without prejudice to his right and contention before the trial Court, on such deposit and production of proof, 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 No.4, Vellore, and on further conditions that: [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 petitioner shall report before the respondent Police daily at 10.30 a.m until further orders; [c] the petitioner shall not abscond either during investigation or trial; [d] the petitioner 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 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]; f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.