Arumugam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/02/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Arumugam ... Petitioner/Sole Accused Vs The Inspector of Police, Manikandam Police Station, Trichy District.

(Crime No.7/2022).

... Respondent/Complainant For Petitioner : M/s.B.Jameel Arasu Advocate.

For Respondent : Mr.P.Kottaichamy Government Advocate (Crl.side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.7 of 2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Sole Accused herein, who was arrested on 03.01.2022 for the alleged offence under Sections 379 of IPC and read with Section 21(4) of Mines and Minerals (Development and Regulation Act) 1957 in Crime No.7 of 2022, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner has illegally transported 1/4 unit sand by his bullock card without getting any valid permission. Hence the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution.

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4.The learned Government Advocate would submit that the petitioner is having one previous case in similar nature and one for the offences under the Indian Penal Code.

5.However, considering the duration of custody underwent by the petitioner this Court is inclined to grant bail to the petitioner with stringent conditions. The petitioner has to file an undertaking affidavit that he will not indulge in such an illegal activities in future. If any case is registered after grant of bail by this Court, the relief of bail granted to the petitioner will automatically get cancelled.

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 No.IV, Trichy, and on further condition that the petitioner shall report before the respondent police once in 15 days at 10.30 a.m. until further orders. sd/- 02/02/2022 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

pnn 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 No.IV, Thiruchirappalli. 2.Do Through The Chief Judicial Magistrate, Trichy.

3.The Superintendent of Prison, Central Prison, Trichy.

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4.The Inspector of Police, Manikandam Police Station, Trichy District.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER IN CRL OP(MD) No.1930 of 2022 02.02.2022 TR/VR/SAR-IV(02.02.2022) 3P 6C 3/3