Nagamuthu v. The Inspector Of Police
CRL OP(MD). No.63 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/01/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.63 of 2022 Nagamuthu ... Petitioner/Accused No.1 Vs The state represented by The Inspector of Police, Pattukottai Taluk Police Station, Thanjavur District.
Cr.No.685 of 2021. ... Respondent/Complainant For Petitioner : M/s.Karunakaran.K.M, Advocate.
For Respondent : Mr.S.S.Madhavan, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No. 685 of 2021 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioner/Accused No.1 herein, who was arrested on 17.12.2021 for the alleged offence under Sections 379 of IPC r/w Section 21(1) of Mines and Minerals Act, 1957 in Crime No.685 of 2021, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that on secret information the defacto complainant party went to the place of occurrence, where, the petitioner along with two other accused person trying to transport one unit of river sand illegally using Van. On seeing them the other two accused have ran away from the place of occurrence. Hence, the complaint.
3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution.
4.The learned Additional Public Prosecutor submitted that there are three previous cases, but are not similar in nature. The vehicle was recovered. Totally three accused are involved in the present case. Petitioner is arrayed as A1. The co-accused in this case have been released on bail.
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CRL OP(MD). No.63 of 2022 5.Considering the period of incarceration and the co-accused have been released on bail, this Court is inclined to grant bail to the petitioner with stringent conditions.
6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a personal 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, Pattukkottai and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.
sd/- 05/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO 1 THE JUDICIAL MAGISTRATE PATTUKOTTAI 2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, THANJORE DISTRICT AT KUMBAKONAM.
3 THE INSPECTOR OF POLICE PATTUKOTTAI TALUK POLICE STATION, THANJAVUR DISTRICT.
4 THE OFFICER INCHARGE, DISTRICT JAIL, PUDUKOTTAI.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.63 of 2022 Date :05/01/2022 SS/CN/SAR-IV/05.01.2022 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2