Elangovan @ Ilangovan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Elangovan @ Ilangovan, ... Petitioner/Sole Accused Vs The Inspector of Police, Thathaiyangarpet Police Station, Trichy District.
Crime No. 86/2024.
... Respondent/Complainant For Petitioner : Mr.K.Prakash, Advocate.
For Respondent : Mr.E.Antony Sahaya Prabahar, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.86 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The respondent police registered a case as against this petitioner in Crime No.86 of 2024 for the offence under Sections 379 of IPC r/w 21(4) of Mines and Minerals (Development and Regulations) Act, 1957, and remanded him into judicial custody on 31.05.2024. Therefore, the petitioner has filed this petition seeking bail. 1/4
2.The case of the prosecution is that the petitioner has illegally transported one unit of gravel sand.
3.The learned counsel appearing for the petitioner submits that the petitioner has not indulged in such criminal activities and he is languishing in jail from 31.05.2024.
4.The learned Additional Public Prosecutor for the respondent strongly opposed to grant bail on the ground that the petitioner has illegally transported one unit of gravel sand. However, he fairly concedes that no previous case is pending against the petitioner.
5.Considering the facts and circumstances of the case, the nature of mineral involved in this case and that since the petitioner is not having any bad antecedents, 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, Thuraiyur, Trichy District;
ii) The petitioner and the sureties shall submit a copy of their 2/4
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 as and when required for interrogation;
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. The petitioner 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/- 10/06/2024 / TRUE COPY / 10/06/2024 Sub-Assistant Registrar ( C.S. II ) Madurai Bench of Madras High Court, Madurai - 625 023.
SJI TO 1 THE JUDICIAL MAGISTRATE, THURAIYUR, TRICHY DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.
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3 THE OFFICER INCHARGE, SUB JAIL, THURAIYUR, TRICHY DISTRICT.
4 THE INSPECTOR OF POLICE, THATHAIYANGARPET POLICE STATION, TRICHY DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.K.PRAKASH, Advocate ( SR-6252[I] dated 10/06/2024 ) ORDER IN CRL OP(MD) No.8427 of 2024 Date :10/06/2024 SA/SAR. /10.06.2024/4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4