Kosalram v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/04/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Kosalram, ... Petitioner/Accused No.1 Vs The Inspector of Police, Sathakulam Police Station, Thoothukudi District.
(Crime No.69/2024)..
... Respondent/Complainant For Petitioner : R.Ponkarthikeyan,Advocate.
For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.69 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The respondent police registered a case as against the petitioner in Crime No.69 of 2024 for the offence under Section 379 IPC and remanded him into judicial 1/4
custody on 02.04.2024. Therefore, the petitioner has filed this petition seeking bail.
2. The case of the prosecution is that the petitioner has illegally transported 1⁄2 unit of Oodai sand by using bullock cart.
3. The learned counsel for the petitioner submits that the petitioner is innocent person and he has not committed any offence as alleged by the prosecution. However, he is languishing in jail from 02.04.2024. Hence, he prays for grant of bail to the petitioner.
4. The learned Additional Public Prosecutor appearing for the respondent strongly opposes to grant bail on the ground that the investigation is yet to be completed.
5. Considering the quantum of minerals and 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 i) on the petitioner executing a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand)each, with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Sathankulam. ii) The petitioner and the sureties shall submit a copy of their Aadhaar Card or 2/4
any other identity card issued by the Government in proof of their residence address; iii) The petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. He has to co-operate for the investigation. The petitioner has to file affidavit before the respondent police that he will not indulge in any offence. iv) The petitioner 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 petitioner, the respondent police shall move an application for cancellation of the bail. sd/- 18/04/2024 / TRUE COPY / 18/04/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
LS TO THE JUDICIAL MAGISTRATE, SATHANKULAM DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT.
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THE OFFICER INCHARGE SUB JAIL, SRIVAIKUNDAM.
THE INSPECTOR OF POLICE SATHAKULAM POLICE STATION, THOOTHUKUDI DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.R.PONKARTHIKEYAN, Advocate ( SR-4604[I] dated 18/04/2024 )
ORDER
IN CRL OP(MD) No.6040 of 2024 Date :18/04/2024 PKP/18.04.2024/ 4P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4