Vinothkumar 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 Vinothkumar, ... Petitioner/Sole Accused Vs The Inspector of Police, Ayyampettai Police Station, Thanjavur District.
Crime No.197 of 2024.
... Respondent/Complainant For Petitioner :Mr.A.Arun Prasad, 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.197 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner, who was arrested on 31.03.2024, for the offence under Section 379 IPC r/w Section 21(4) of Mines and Minerals (Development & Regulation) Act, 1957 in Crime No.175 of 2024, seeks bail.
2. The case of the prosecution is that the petitioner has illegally transported 1⁄4 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 31.03.2024.
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 similar in nature is pending as against this petitioner.
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 petitioner.
6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail on the following conditions:- i) The petitioner 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 Judicial Magistrate No.III, Thanjavur.
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 report before the respondent police daily at 10.30. a.m until further orders and also shall co-operate for investigation. 2/4
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/- 10/04/2024 / TRUE COPY / 10/04/2024 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
VRN TO THE JUDICIAL MAGISTRATE NO.III THANJAVUR.
DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT @ KUMBAKONAM.
THE INSPECTOR OF POLICE AYYAMPETTAI POLICE STATION, THANJAVUR DISTRICT.
THE OFICER INCHARGE SUB JAIL, THANJAVUR.
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THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.A.ARUN PRASAD, Advocate ( SR-4314[I] dated 10/04/2024 )
ORDER
IN CRL OP(MD) No.5507 of 2024 Date :10/04/2024 PKP/10.04.2024/ 4P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4