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Madras High CourtCRL OP(MD)/7928/2015ordered

Kumaresan v. The Inspector Of Police

2015-04-24Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Fourth day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.7928 of 2015 1 KUMARESAN 2 ILAYARAJA 3 SATHESH @ SATHESHKUMAR @ PERUMAL ... PETITIONERS/ACCUSED Nos.1 TO 3 Vs STATE REP.BY THE INSPECTOR OF POLICE BODI TOWN POLICE STATION, THENI DISTRICT, (CRIME NO.177 OF 2015). ... RESPONDENT/COMPLAINANT For Petitioner : M/S.T.VADIVELAN Advocate For Respondent : MR.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who are arrayed as A1 to A3 in Crime No.177 of 2015 on the file of the respondent police, were arrested and remanded to judicial custody on 08.04.2015 for the alleged offences punishable under Sections 21(1) Mines and Minerals Act, 1959 r/w. 379 of IPC and hence, seek bail.

2. The case of the prosecution is that the petitioners are alleged to have transported the sand by Two wheeler.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case.

4.The learned Government Advocate (Crl.side) would submit that the petitioners / Accused 1 to 3 have involved in three, two and five previous cases respectively.

5.Considering the facts and circumstances of the case , this Court is inclined to grant bail to the petitioners with certain conditions. https://hcservices.ecourts.gov.in/hcservices/ Accordingly, the petitioners are ordered to be released on bail on each

of them executing 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 learned District Munsif Cum Judicial Magistrate, Bodinayakanur and on further condition that the petitioners shall report before the respondent Police daily at 10.30 a.m., until further orders. sd/- 24/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, BODINAYAKANUR.

2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, THENI. 3 THE INSPECTOR OF POLICE BODI TOWN POLICE STATION, THENI DISTRICT, THE OFFICER INCHARGE, SUB JAIL, UTHAMAPALAYAM,THENI DISTRICT.

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

+1. CC to M/S.T.VADIVELAN Advocate SR.No.22004

ORDER

IN CRL OP(MD) No.7928 of 2015 Date :24/04/2015 PA/24.04.2015/2P/7C https://hcservices.ecourts.gov.in/hcservices/