Palaniraj v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/04/2024 PRESENT The Hon'ble Mr.Justice B.PUGALENDHI
1. Palaniraj,
2. Senthilkumar,
3. Ganesan, ... Petitioners/Accused No.1 to 3 Vs The State represented by The Inspector of Police, Vattathikkottai Police Station, Thanjavur District.
Crime No.61/2024.
... Respondent/Complainant For Petitioner : Mr.T. Eashwar, For Respondent : Mr.T.Senthil Kumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime no.61 of 2024 on the file of the Respondent Police. 1/4
ORDER : The Court made the following order :- The petitioners who were arrested on 23.03.2024, for the offences punishable under Section 379 of IPC r/w 21(1) of Mines & Minerals (Development & Regulation) Act, in Crime No.61 of 2024, seek bail. 2.The case of the prosecution is that on 23.03.2024, the petitioners transported 1/4 unit of river sand. Hence the FIR came to be registered in Crime No.61 of 2024.
3. The learned counsel for the petitioners submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. However, they have been arrested and they are languishing in jail from 23.03.2024. Therefore, they pray for grant of bail.
4. The learned Additional Public Prosecutor appearing for the respondent opposes for grant of bail to the petitioners as this case involves 1/4 unit of river sand and also the investigation in this case is under progress.
5. Considering the facts and circumstances of the case, and the quantity of sand involved in this case, this Court is inclined to grant bail to the petitioners.
6. Accordingly, this Criminal Original Petition is ordered and the petitioners are ordered to be released on bail i) on the petitioners executing a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the 2/4
learned Judicial Magistrate, Pattukottai.
ii) The petitioners and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address;
iii) The petitioners are directed to report before the respondent police daily at 10.00 a.m. for a period of two weeks and thereafter shall appear as and when required by the respondent police. They have to co-operate for the investigation. iv) The petitioners shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution witnesses. They shall be available for the trial as well.
v) On violation of any of the above conditions by the petitioners, the respondent police shall move an application for cancellation of the bail. sd/- 04/04/2024 / TRUE COPY / 04/04/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
LR 3/4
TO 1 THE JUDICIAL MAGISTRATE, PATTUKOTTAI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.
3 THE INSPECTOR OF POLICE VATTATHIKKOTTAI POLICE STATION, THANJAVUR DISTRICT.
4 THE OFFICER INCHARGE, SUB JAIL, THANJAVUR.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.T.EASHWAR, Advocate ( SR-4192[I] dated 04/04/2024 )
ORDER
IN CRL OP(MD) No.5207 of 2024 Date :04/04/2024 SS/SAR- /04/04/2024/4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4