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Madras High CourtCRL OP(MD)/8360/2024ordered

Veeniskumar v. The Inspector Of Police

2024-06-07Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Veeniskumar ... Petitioner/Sole Accused Vs The Inspector of Police, Peravurani Police Station, Thanjavur District.

(Crime No.120/2024) ... Respondent/Complainant For Petitioner :

Mr.B.Anandan, 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.120/2024 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.120 of 2024 for the offence under Section 379 IPC r/w. 21(1) of Mines and Minerals (Development & Regulations) Act 1957 and remanded him into judicial custody on 26.05.2024. Therefore, the petitioner has filed this petition seeking bail. 1/4

2. The case of the prosecution is that the petitioner has illegally transported 1/4 unit of river sand in bullock cart. Hence the case.

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 26.05.2024. Hence, he prays for grant of bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent submits that petitioner is not having any previous case.

5. Considering the quantum of minerals, the period of incarceration and also considering the fact that the petitioner is not having any previous case, 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) with two sureties each for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Peravurani, Thanjavur District. 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; 2/4

iii) The petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. They have to co-operate for the investigation. 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/- 07/06/2024 / TRUE COPY / 07/06/2024 Sub-Assistant Registrar (LIASONING) Madurai Bench of Madras High Court, Madurai - 625 023.

LR TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, PERAVURANI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE OFFICER INCHARGE, SUB JAIL, THANJAVUR.

4 THE INSPECTOR OF POLICE, PERAVURANI POLICE STATION, THANJAVUR DISTRICT.

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

+1 CC to M/s.B.ANANDAN, Advocate ( SR-6237[I] dated 07/06/2024 ) 3/4

ORDER

IN CRL OP(MD) No.8360 of 2024 Date :07/06/2024 RS//SAR-(07.06.2024) 4P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4