Samayakannan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Third day of August Two Thousand and Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.13866 of 2018 SAMAYAKANNAN ... PETITIONER / SOLE ACCUSED Vs THE STATE REPRESENTED BY, THE INSPECTOR OF POLICE, KALAIYARKOVIL POLICE STATION, SIVAGANGAI DISTRICT, (CRIME NO.373 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.M.S.JEYAKARTHIK, 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 custody since 24.07.2018 for the offences under Sections 379 I.P.C. and Section 21(1) of Mines and Minerals (Development and Regulations) Act and Section 3 of TNPPDL Act in Crime No.373 of 2018.
2.It is a case of sand theft. It is seen that one unit of sand is involved in this case. The petitioner is also not having any previous case to his credit.
3.Considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner with certain condition. Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions;
(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 No.I, Sivagangai.
(ii)the petitioner is directed to appear before the respondent police as and when required for interrogation. (iii)on breach of any of the aforesaid conditions, the https://hcservices.ecourts.gov.in/hcservices/
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 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/- 03/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE NO.I, SIVAGANGAI.
2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI.
3. THE OFFICER INCHARGE, SUB JAIL, SIVAGANGAI.
4.THE INSPECTOR OF POLICE KALAIYARKOVIL POLICE STATION, SIVAGANGAI DISTRICT.
5.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.M/S.M.S.JEYAKARTHIK, Advocate, SR.No.15049.
ORDER
IN CRL OP(MD) No.13866 of 2018 Date :03/08/2018 tsg RAM/PN/SAR 4/03.08.2018/2P/7C https://hcservices.ecourts.gov.in/hcservices/