Sivan v. The Inspector Of Police

CRL OP(MD). No.2215 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/02/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.2215 of 2022 Sivan ... Petitioner/Accused No.1 Vs The State Rep.by The Inspector of Police, Thattarmadam Police Station, Thoothukudi District.

Crime No.12 of 2022.

... Respondent/Complainant For Petitioner : M/s.Pon Karthikeyan R, Advocate.

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

PRAYER :- For Bail in Crime No.12 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/A1 herein, who was arrested on 08.01.2022 for the alleged offence under Section 379 of IPC and 21(1) of Mines and Minerals Act, in Crime No.12 of 2022 on the file of the respondent police, seek bail.

2.The case of the prosecution is that the petitioner has illegally transported 30 sacks of odai sand by using Bullock Cart. Therefore, the present case came to be registered. 3.The learned counsel for the petitioner submitted that petitioner has not committed any offence as alleged by the prosecution. The petitioner was arrested and remanded to judicial custody from 08.01.2022. Ever since, he was in custody. Hence, he prays to grant of bail to the petitioner.

4.The learned Government Advocate (Crl.Side) submitted that 30 sacks of odai sand sand has been illegally transported by the accused persons by using Bullock Card. The petitioner is having 4 previous cases.

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CRL OP(MD). No.2215 of 2022 5.The learned counsel for the petitioner would submit that he is ready to file an undertaking affidavit that the petitioner will not indulge in such activities in future.

6.Considering the above submission made by the learned counsel for the petitioner and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner with certain conditions.

7.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 Court, Sathankulam, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders. 8.The petitioner must file an undertaking affidavit before the concerned Court that he will not indulge in such activities in future. If any fresh case is registered against him, bail granted by this Court, shall stand automatically cancelled, without further reference either to this Court or to the concerned Trial Court. sd/- 03/02/2022 / 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, SATHANKULAM.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

3. THE OFFICER INCHARGE, DISTRICT JAIL, PERURANI, THOOTHUKUDI.

4. THE INSPECTOR OF POLICE, THATTARMADAM POLICE STATION, THOOTHUKUDI DISTRICT.

5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.R.PONKARTHIKEYAN, Advocate (SR-696[I] dated 03/02/2022) ORDER IN CRL OP(MD) No.2215 of 2022 Date :03/02/2022 dss MS/JM/SAR-4/04.02.2022/2P.7C https://hcservices.ecourts.gov.in/hcservices/ 2/2