Madras High CourtCRL OP(MD)/795/2020granted

Sureshkumar v. The Inspector Of Police

2020-01-21Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.795 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/01/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.795 of 2020 Sureshkumar ... Petitioner/Sole Accused Vs State, rep.by Inspector of Police, Thiruvaiyaru Police Station, Thanjavur District.

(Crime No.3/2020). ... Respondent/Complainant For Petitioner : M/s.M.Karunanithi, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 3/2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner is in custody since 05.01.2020 for the offences under Section 379 of IPC and under Section 36(A) of Mines and Minerals(D&R) Act, 1957, in Crime No.3 of 2020 on the file of the respondent police. He seeks bail.

3.The contraband involved is three units of gravel sand. The petitioner is not having any previous case. He is said to be the driver of the offending vehicle. The continued incarceration of the petitioner is not going to serve any purpose. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.795 of 2020

4. Taking note of the facts and circumstances of this case, I am inclined to enlarge the petitioner on bail with certain conditions. Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions;

(i) the petitioner shall 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 Judicial Magistrate, Thiruvaiyaru, Thanjavur District.

(ii) the petitioner is directed to appear before the respondent police as and when required for the interrogation. (iii) 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]. sd/- 21/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, THIRUVAIYARU, THANJAVUR DISTRICT.

2 -DO-THRO- THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY. 4 THE INSPECTOR OF POLICE THIRUVAIYARU POLICE STATION, THANJAVUR DISTRICT.

5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.M.KARUNANITHI, Advocate ( SR-1008 dated 21/01/2020 ) ORDER IN CRL OP(MD) No.795 of 2020 Date :21/01/2020 pnn ES/VR/SAR 3/21.01.2020/2P/7C https://hcservices.ecourts.gov.in/hcservices/ 2/2