Muthukannu v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/04/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI 1.Muthukannu
2. Ravi ... Petitioners / Accused No.2 & 3 Vs The Inspector of Police, Peravurani Police Station, Thanjavur.
(Crime No.64/2024).
... Respondent/Complainant For Petitioners :
M/s.Karuppasamy K, Advocate.
For Respondent :
Mr.T.Senthilkumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.64/2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners, who were arrested on 30.03.2024, for the offence under Section 379 IPC r/w Section 21(1) of Mines and Minerals (Development & 1/4
Regulation) Act, 1957 in Crime No.64 of 2024, seek bail.
2. The case of the prosecution is that the petitioners have illegally transported 1⁄4 unit of sand in a bullock cart.
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 are languishing in Jail from 30.03.2024.
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. He further submits that one previous case is pending as against these petitioners.
5. Considering the facts and circumstances of the case and considering the quantity of the mineral, 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 on the following conditions:- i) The petitioners shall execute 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 District Munsif cum Judicial Magistrate, Peravurani, Thanjavur District.
ii) The petitioners and the sureties shall submit a copy of their 2/4
Aadhaar Card or any other identity card issued by the Government in proof of their residence address;
iii) The petitioners shall report before the respondent police daily at 10.30. a.m for a period of two weeks and thereafter shall appear as and when required and also shall co-operate for 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/- 10/04/2024 / TRUE COPY / 10/04/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.
VRN To 1.The District Munsif cum Judicial Magistrate, Peravurani, Thanjavur District.
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2.Do through the Chief Judicial Magistrate, Thanjavur District at Kumbakonam.
3.The Inspector of Police, Peravurani Police Station, Thanjavur.
4.The Officer Incharge, District Prison, Pudukkottai.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.5473 of 2024 Date :10/04/2024 ED/ /SAR- (10/04/2024) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4