Kumaravel v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.04.2020

CORAM

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN Crl.OP.No.7215 of 2020 Kumaravel Petitioner Vs.

State by Inspector of Police, Mangalmedu Police Station, Nagapattinam District.

Respondent Prayer:- This Criminal Original Petition is filed, under Section 439 of Cr.PC, seeking bail, in connection with Cr.No.84 of 2020, on the file of the Respondent Police.

For Petitioner :

Mr. U.Kathiravan For Respondent :

Mr.C.Iyyapparaj, APP

ORDER

This Criminal Original Petition has been filed seeking bail, in connection with Cr.No. 84 of 2020, on the file of the Respondent Police.

2. The petitioner seeks bail for the offences registered under Section 1/4

379 IPC r/w 21(1) of Mines and Minerals (Regulation and Development) Act. Though it is claimed that the petitioner had illegally mined sand, the learned Additional Public Prosecutor would fairly submit that it was not river sand but it was soil. The total quantity of illegally mined soil is about 2 1⁄2 units. The petitioner is arrayed as A1 and he was the driver of the tipper lorry.

3. Considering the fact that the mined mineral is not river sand, I am of the considered opinion that he could be enlarged on bail on his paying of sum of Rs.10,000/- to the District Mineral Foundation Trust, Nagapattinam District and on executing a own bond for a sum of Rs.10,000/-. The petitioner shall not travel outside Tamilnadu and he shall surrender his passport if any before his release to the Superintendent of the Prison.

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To:

1. The Inspector of Police, Manalmedu Police Station, Nagapattinam District.

2. The Judicial Magistrate - I, Mayiladuthurai.

3. The Sub-Jail, Mayiladuthurai.

4. The Public Prosecutor, Madras High Court 3/4

R.SUBRAMANIAN, J.

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