Murugan, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.13560 of 2017 MURUGAN ... PETITIONER / SOLE ACCUSED Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, KOLLIDAM POLICE STATION, TRICHY DISTRICT.

(CRIME NO.593 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner : MR.C.JEGANNATHAN for M/S.VEERA ASSOCIATES Advocate For Respondent : MR.K.ANBARASAN Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner/Sole Accused, who was arrested and remanded to judicial custody on 06.09.2017 for the alleged offences punishable under Sections 21 (1) of Mines and Mineral Regulation Act 1957 and Section 379 of of I.P.C., in Crime No.593 of 2017, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner theft sand in the river bed without getting permission from the Government. 3.The case of the petitioner is that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Moreover, there is no specific allegation against the petitioner.

4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that the contraband was recovered. 5.In view of increasing sand mining activities, in order to curb illegal sand mining activities, it is necessary to impose some conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.VI, Tiruchirappalli, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or https://hcservices.ecourts.gov.in/hcservices/

the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (i) the petitioner shall deposit a sum of Rs.7,500/- (Rupees Seven Thousand and Five Hundred only) to the credit of Crime No.593 of 2017 before the learned Judicial Magistrate No.VI, Tiruchirapalli, without prejudge to his defence before the trial Court;

(ii) the petitioner shall report before the investigation officer, daily between 10.00 a.m. and 11.00 a.m., until further orders;

(iii) the petitioner shall not tamper with evidence or witness either during investigation or trial.

(iv) the petitioner shall make himself available for interrogation including custodial interrogation as and when required by the investigation officer;

(v) the petitioner shall not commit any offence while on bail;

(vi) 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 and the bail granted stands cancelled automatically.

sd/- 06/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.VI, TIRUCHIRAPALLI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUCHIRAPALLI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, TIRUCHIRAPALLI. 4 THE INSPECTOR OF POLICE, KOLLIDAM POLICE STATION, TRICHY DISTRICT.

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

+1. CC to M/S.VEERA ASSOCIATES Advocate SR.No.32265

ORDER

IN CRL OP(MD) No.13560 of 2017 Date :06/10/2017 MKV-CM-MSA-SAR 1/6.10.2017/2P-7C https://hcservices.ecourts.gov.in/hcservices/