Jegan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Fourth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.12623 of 2018 JEGAN ... PETITIONER / SOLE ACCUSED Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, VILAMPATTI POLICE STATION, DINDIGUL DISTRICT.

Crime No. 56 of 2018 ... RESPONDENT/ COMPLAINANT For Petitioner : Mr.D.SELVARAJ Advocate For Respondent : Mr.A.P.G.OHM CHAIRMA PRABHU Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is in judicial custody since 22.05.2018 for the offences punishable under Sections 379 IPC r/w 21(1) Mines and Minerals (Development Regulation) Act, 1957 and 3(1) of TNPPDL Act, 1992 in Crime No.56 of 2018, on the file of the respondent police. He seeks bail.

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl.Side) appearing for the respondent.

3.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner is not having any previous case. The detention order passed against the petitioner has also been quashed.

4.Considering the period of incarceration undergone by the petitioner, this Court is inclined to enlarge the petitioner on bail with certain conditions. Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions:- https://hcservices.ecourts.gov.in/hcservices/ (i) the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two

sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate Court, Nilakottai, Dindigul District;

(ii)the petitioner is directed to appear before the respondent police as and when required for interrogation;

(iii)the petitioner shall not abscond.

(iv)on breach of any of the aforesaid conditions, the Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005) AIR SCW 5560].

sd/- 24/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, NILAKOTTAI, DINDIGUL DISTRICT.

2.THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

3.THE INSPECTOR OF POLICE, VILAMPATTI POLICE STATION, DINDIGUL DISTRICT.

4.THE SUPERINTENDENT.

CENTRAL PRISON, MADURAI.

5.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to Mr.D.SELVARAJ Advocate SR.No.13832

ORDER

IN CRL OP(MD) No.12623 of 2018 Date :24/07/2018 TK/MMS/GSR/24.07.2018/2P-7C https://hcservices.ecourts.gov.in/hcservices/