Maheswaran @ Mahesh v. The Inspector Of Police

CRL OP(MD). No.7219 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/08/2020 PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN CRL OP(MD). No.7219 of 2020 Maheswaran @ Mahesh,S/o Rajeswaran, Anupanadi, Madurai District.

... Petitioner/A-10 Vs The Inspector of Police, Gandarvakottai Police Station, Pudukkottai District (Crime No.319/2020).

... Respondent/Complainant PRAYER :- Petition is filed Under Sec.482 of Cr.P.C., to modify the condition imposed by the learned Principal District and sessions Court, Pudukkottai in Crl.M.P. No.2388 of 2020 on 23.06.2020 in so far as the petitioner should deposit Rs. 60,000/-as cash security before the Judicial Magistrate, Gandarvakottai. For Petitioner :

M/s.A.Banumathy, Advocate.

For Respondent :

Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side)

ORDER

The petition has been filed by the petitioner/A-10 to modify the condition imposed by the Court below.

2. The petitioner who arrayed as accused No.10 and the crime has been registered by the respondent police in Crime No.319 of 2020 for the offences under Sections 379 of IPC r/w 21(1), 21(2) of Tamil Nadu Mines and Minerals (Development and Regulation Act). Totally there are 12-accused were involved in this crime. The allegation is that all the accused were engaged in transporting river sand illegally. Earlier, the petitioner has approached the Court below and the Court below by an order, dated 23.06.2020 granted bail on condition that the petitioner shall deposit a sum of Rs.60,000/- (Rupees Sixty Thousand Only). Aggrieved over the same, the present petition is filed.

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CRL OP(MD). No.7219 of 2020

3. The learned counsel appearing for the petitioner would submit that the petitioner is driver of the lorry and A-9 is owner of the lorry who has already released on bail on condition that the A-9 shall deposit Rs.60,000/-as cash security and he has also deposited Rs.60,000/-as cash security before the learned Judicial Magistrate, Gandarvakottai.

4. The learned Government Advocate (criminal side) appearing for the respondent police would submit that A-9/owner of the lorry has deposited a sum of Rs.60,000/-as cash security before the learned Judicial Magistrate, Gandarvakottai.

5. Considering the rival submissions and also considering the fact that A-9 who is the owner of lorry has already deposited a sum of Rs.60,000/-as cash security before the learned Judicial Magistrate,Gandarvakottai and the petitioner is the driver of lorry and hence, he need not deposit any amount.

6. Accordingly, the Criminal Original Petition is ordered and the petitioner/A-10 need not pay any amount and time is extended by Two weeks from today to execute the sureties. Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) KSA 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,Gandarvakottai.

2. The Inspector of Police, Gandarvakottai Police Station,Pudukkottai District

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

CRL OP(MD) No.7219 of 2020 Date : 03/08/2020 AP(12/08/2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2