Vethanayagam v. The Inspector Of Police

CRL OP(MD). No.11587 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/06/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.11587 of 2022 Vethanayagam ... Petitioner/Accused No.2 Vs State Rep.by The Inspector of Police, Uvari Police Station, Tirunelveli District.

Crime No.86 of 2022.

... Respondent/Complainant For Petitioner : Mr.Balakrishnan R, Advocate.

For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.86 of 2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/2nd Accused, who was arrested on 19.06.2022 for the alleged offence under Section 379 of IPC and Section 21(1) of the Mines and Minerals (Development and Regulation) Act, in Crime No.86 of 2022 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that without any valid permission, the petitioner has illegally transported 2 Units of M Sand in 3 Lorries. Hence, the complaint.

3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is in judicial custody from 19.06.2022.

4.The learned Government Advocate(Crl.side) appearing for the respondent police submitted that the no previous case is pending against the petitioner.

5.Considering the facts and circumstances of this case that the petitioner is not having any previous case at his credit and considering the duration of custody, this Court is inclined to grant bail to the petitioner with certain conditions. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.11587 of 2022 6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a personal 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, Radhapuram, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/- 29/06/2022 / TRUE COPY / 29/06/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1 THE JUDICIAL MAGISTRATE, RADHAPURAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE OFFICER INCHARGE, SUB JAIL, NANGUNERI.

4 THE INSPECTOR OF POLICE, UVARI POLICE STATION, TIRUNELVELI DISTRICT.

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

+1 CC to M/s.R.BALAKRISHNAN, Advocate ( SR-6296[I] dated 29/06/2022 )

ORDER

IN CRL OP(MD) No.11587 of 2022 Date :29/06/2022 RS/VR/SAR.3 (29.06.2022) 2P-7C https://hcservices.ecourts.gov.in/hcservices/ 2/2