Thambithurai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Third day of May Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice T.KRISHNAVALLI CRL OP(MD) No.8551 of 2018 1 THAMBITHURAI 2 E.SELVARAJ ... PETITIONERS / ACCUSED Nos.2 & 3 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE ERIODU POLICE STATION, DINDUGUL DISTRICT.

CRIME NO.163/2018 ... RESPONDENT / COMPLAINANT For Petitioners : Mr.A.CHANDRAKUMAR Advocate For Respondent : Mr.PRABU RAMACHANDRAN, 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 A2 and A3 were arrested on 09.05.2018 by the respondent police for the alleged offences punishable under section 379 IPC and section 21(1) of Mines and Minerals Act, in connection with a case in Crime No.163 of 2018 on the file of the respondent police and hence seek bail. 2.The case of the prosecution is that the petitioners along with the other accused were transported 2 units of river sand illegally in a dipper lorry bearing registration No.TN-32-J-2929 without having any permit.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and the 1st petitioner is the owner of the dipper lorry and the 2nd petitioner is the brother of the 1st petitioner. He further submitted that A3 was released on anticipatory bail by this court in Crl.OP(MD)No.8052 of 2018, dated 16.05.2018 https://hcservices.ecourts.gov.in/hcservices/ 4.Heard the learned Government Advocate (Criminal side) appearing for the respondent.

5.Considering the facts and circumstances of the case and also considering the fact that the co-accused was released on anticipatory bail, this court is inclined to grant bail to the petitioners with certain conditions.

6.Accordingly, it is ordered that the petitioners shall be released on bail, on executing a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a likesum to the satisfaction of the learned Judicial Magistrate, Vedasanthur and on further condition that the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/- 23/05/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, VEDASANTHUR, DINDIGUL DISTRICT 2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL 3 THE INSPECTOR OF POLICE ERIODU POLICE STATION, DINDUGUL DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 5 THE OFFICER INCHARGE, SUB JAIL, VEDASANTHUR, DINDIGUL DISTRICT +1. CC to M/S.A.CHANDRAKUMAR Advocate SR.No.9029 ER JAM/23/05/2018/ PN/RNB / 2P-7C

ORDER

IN CRL OP(MD) No.8551 of 2018 Date :23/05/2018 https://hcservices.ecourts.gov.in/hcservices/