Madras High CourtCRL OP(MD)/2239/2023granted

Hitlar v. The Inspector Of Police

2023-02-03Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.2239 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/02/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.2239 of 2023

1. Hitlar,

2. Subbaiah, ... Petitioners/Accused Nos.1 & 2 Vs The State rep.by The Inspector of Police, Thiruppuvanavasal Police Station, Pudukkottai District.

Crime No 6/2023.

... Respondent/Complainant For Petitioners : M/s.Arputharaj.A, Advocate.

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

PRAYER :- For Bail in Crime No. 6 of 2023 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners/Accused Nos.1 and 2, who were arrested on 25.01.2023 for the alleged offence under Sections 379 of IPC and Section 21(1) and 21(2) of the Mines and Minerals Act, in Crime No.6 of 2023 on the file of the respondent police, seeks bail. 2.The prosecution case is that the petitioners have illegally transported one unit of river sand by using a tractor without any valid permit. Hence, the complaint.

3.The learned counsel for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution. He would further submit that the petitioners are in judicial custody from 25.01.2023.

4.The learned Government Advocate(Crl.side) appearing for the respondent police submitted that no previous case is pending against these petitioners.

https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.2239 of 2023 5.Considering the facts and circumstances of this case, that the petitioners are not having any previous case at their credit and considering the duration of custody, this Court is inclined to grant bail to the petitioners with certain conditions. 6.Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail, on executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate Court, Aranthangi, Pudukkottai District, and on further condition that the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/- 03/02/2023 / TRUE COPY / 03/02/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TTA TO 1 THE JUDICIAL MAGISTRATE, ARANTHANGI, PUDUKKOTTAI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.

3 THE OFFICER INCHARGE, DISTRICT PRISON, PUDUKOTTAI.

4 THE INSPECTOR OF POLICE, THIRUPPUVANAVASAL POLICE STATION, PUDUKKOTTAI DISTRICT.

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

+1. CC to M/S.ARPUTHARAJ.A Advocate SR.No.1756 ORDER IN CRL OP(MD) No.2239 of 2023 Date :03/02/2023 SA/SSS/SAR. /03.02.2023/2P/7C https://www.mhc.tn.gov.in/judis 2/2