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Madras High CourtCRL OP(MD)/2815/2020granted

Sankar v. The Inspector Of Police

2020-02-19Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.2815 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/02/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.2815 of 2020 Sankar ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, Orathanadu Police Station, Thanjavur District.

Crime No.55/2020 ... Respondent/Complainant For Petitioner : M/s.K.M.Karunakaran, Advocate.

For Respondent : Mrs.M.Ananthadevi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- for bail in Crime No.55 of 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 03.02.2020 for the offences under Section 379 of I.P.C. r/w. Section 21(1) of Mines and Minerals (Development and Regulation) Act in Crime No.55 of 2020 on the file of the respondent police. Hence, he seeks bail.

3. 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 undertakes to deposit a sum of Rs.7,500/- (Rupees Seven Thousand and Five Hundred only) as non refundable https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.2815 of 2020 deposit to the credit of the concerned District Mineral Foundation Trust.

(ii) 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, Orathanadu, Thanjavur District.

(iii) the petitioner is directed to appear before the respondent police as and when required for the interrogation. (iv) 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/- 19/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, ORATHANADU, THANJAVUR DISTRICT.

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

3. THE OFFICER INCHARGE,SUB JAIL, PATTUKOTTAI.

4. THE INSPECTOR OF POLICE, ORATHANADU POLICE STATION, THANJAVUR DISTRICT.

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

THE OFFICER INCHARGE, DISTRICT MINERAL FOUNDATION TRUST, THANJAVUR DISTRICT.

+1 CC to M/s.K.M.KARUNAKARAN, Advocate ( SR-3453[I] dated 19/02/2020

ORDER

IN CRL OP(MD) No.2815 of 2020 Date :19/02/2020 MS/VR/SAR-1/19.02.2020/2P.8C https://hcservices.ecourts.gov.in/hcservices/ 2/2