Sathish v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/06/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN Sathish ... Petitioner/Sole Accused Vs The State Rep. by The Inspector of Police, Pattukottai Taluk Police Station, Thanjavur District.

Cr.No. 1076 of 2020. ... Respondent/Complainant For Petitioner : M/s.D.R.Murugesan, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- To enlarge the petitioner on bail in Cr.No. 1076 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 the sole accused in this case. He was arrested and remanded to Judicial Custody on 28.05.2020 for the offences punishable under sections 379(1) of I.P.C r/w 21(1) of Mines and Minerals (D& R) Act, 1957 in Crime No.1076 of 2020 on the file of the respondent police. He Seeks bail. 1/3

3. The petitioner is said to have illegally transported one unit of river sand sand.

4. I am of the view that continued incarceration of the petitioner is not warranted. Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions; (i) the petitioner shall be released on own bond by the Magistrate without insisting on sureties. However, the petitioner is directed to 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, Pattukkottai, after the concerned Court is reopened on regular basis.

(ii)the petitioner is directed to appear before the respondent police as and when required for interrogation. (iii)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 himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005) AIR SCW 5560]. sd/- 12/06/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. TO

1. THE JUDICIAL MAGISTRATE, PATTUKOTTAI.

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

3. THE INSPECTOR OF POLICE, PATTUKOTTAI TALUK POLICE STATION, THANJAVUR DISTRICT.

4. THE OFFICER IN CHARGE, SUB JAIL, THANJAVUR.

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

ORDER

IN CRL OP(MD) No.6094 of 2020 Date :12/06/2020 PM TE/JC/SAR-III : 15/06/2020 : 3P/6C 3/3