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Madras High CourtCRL OP(MD)/6212/2020ordered

Ramachandran @ Ramchandran v. The Inspector Of Police

2020-06-12Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.6212 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/06/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.6212 of 2020 Ramachandran @ Ramchandran ... Petitioner/Sole Accused Vs The State Rep. by The Inspector of Police, Vattathikottai Police Station, Thanjavur District.

Crime.No.734 of 2020). ... Respondent/Complainant For Petitioner : M/s D.Veerasekaran, Advocate. For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime.No. 734 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 in custody since 02.06.2020, for the offence under Section 379 of I.P.C and Section 21 (1) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.734 of 2020 on the file of the respondent police. Hence,he seeks bail. 3.The contraband involved in this case is two units of river sand. The petitioner's counsel claims that the petitioner is the driver of the vehicle.

4.The learned Government Advocate (Crl.Side) submitted that there is no pervious case against the petitioner.

5. Taking note of the facts and circumstances of this case, I am inclined to enlarge the petitioner on bail. Accordingly, the petitioner is ordered to be released on bail and further, https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.6212 of 2020 [i]the petitioner shall be released on won 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 No.I, Thanjavur, after the concerned court is reopened.

(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 petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned 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 No.I, THANJAVUR.

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

3. THE INSPECTOR OF POLICE, VATTATHIKOTTAI POLICE STATION, THANJAVUR DISTRICT.

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

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

ORDER IN CRL OP(MD) No.6212 of 2020 Date :12/06/2020 DAS TE/VR/SAR-III : 15/06/2020 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2