Thadayuthapani 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 Thandayuthapani ... Petitioner/Sole Accused
Versus
The State, Rep. by the Inspector of Police, Kabisthalam Police Station, Thanjavur District.
(Crime No.363/2024) ... Respondent/Complainant For Petitioner : Mr.K.Suyambulingabharathi Advocate.
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.363 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The respondent police registered a case as against this petitioner in Crime 1/4
No.363 of 2024 for the offence under Section 379 IPC and Section 21(4) of Mines and Minerals (Development & Regulation) Act, 1957 and remanded him into judicial custody on 21.03.2024. Therefore, the petitioner has filed this petition seeking bail.
2. The case of the prosecution is that the petitioner has illegally transported 1/4 unit of river sand in a bullock cart.
3. The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, he is languishing in Jail from 21.03.2024.
4. The learned Additional Public Prosecutor appearing for the respondent opposes for grant of bail on the ground that the investigation is yet to be completed. However, he fairly submits that the petitioner is not having any previous case.
5. Considering the facts and circumstances of the case, quantity of the mineral and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner.
6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail 2/4
i) on the petitioner 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 learned Judicial Magistrate, Papanasam.
ii) The petitioner 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 petitioner shall appear before the respondent police as and when required for interrogation. He has to co-operate for the investigation. iv) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. He shall be available for the trial as well.
v) On violation of any of the above conditions by the petitioner, 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.
OGY 3/4
TO 1 THE JUDICIAL MAGISTRATE, PAPANASAM.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.
3 THE INSPECTOR OF POLICE KABISTHALAM POLICE STATION, THANJAVUR DISTRICT.
4 THE OFFICER INCHARGE, SUB-JAIL, PAPANASAM, THANJAVUR DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+2 CC to M/s.K.SUYAMBULINGA BHARATHI, Advocate ( SR-4158[I] dated 04/04/2024 )
ORDER
IN CRL OP(MD) No.5267 of 2024 Date :04/04/2024 SS/SAR- /04/04/2024/4P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4