Sivasubramanian, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Sixth day of April Two Thousand Seventeen PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN CRL OP(MD) No.5163 of 2017 SIVASUBRAMANIAN, ... PETITIONER / ACCUSED NO:1 Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE, MANAMADURAI POLICE STATION, MANAMADURAI, SIVAGANGAI DISTRICT.
(CRIME NO.162/2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.V.SELVA 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 petitioner/first accused was arrested and remanded to judicial custody on 13.04.2017 for the offences punishable under Sections 21(1) of Mines and Minerals Development and Regulation Act,1957 and Section 3 of Public Property (Prevention of Damages and Loss) Act, 1992 in Crime No.162 of 2017, on the file of the respondent police, seeks bail.
2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondent/State.
3. The learned counsel for the petitioner submitted that the pettioner is no way connected with any offence as alleged by the prosecution and the petitioner is in judicial custody from 13.04.2017 and he prays for grant of bail to the petitioner.
4. The learned Government Advocate (Crl.side) would submit that 2 1⁄2 unit of sand has been illegally transported and the petitioner is owner cum driver of the vehicle and he has no previous case.
5. Considering the facts and circumstances of the case and considering the fact that the petitioner has no previous case, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions:
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(i) the petitioner shall deposit Rs.10,000/-(Rupees ten thousand only) to the credit of Crime No.162 of 2017; (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 learned Judicial Magistrate, Manamadurai;
(iii) the petitioner shall appear before the respondent police daily at 10.30 a.m., until further orders; (iv) the petitioner shall not tamper with the evidence or witness either during investigation or trial; (v) the petitioner shall not abscond either during investigation or trial;
(vi) on breach of any of the aforesaid conditions, the 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 Magistrate/Trial Court.
sd/- 26/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, MANAMADURAI, SIVAGANGAI DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.
3 THE INSPECTOR OF POLICE, MANAMADURAI POLICE STATION, MANAMADURAI, SIVAGANGAI DISTRICT.
4 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.V.SELVA Advocate SR.No.21190
ORDER
IN CRL OP(MD) No.5163 of 2017 Date :26/04/2017 https://hcservices.ecourts.gov.in/hcservices/ SVA/PM/PN/26.04.2017/SAR4/2P/7C