Gnanasujin v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Seventh day of December Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD) No.23054 of 2018 GNANASUJIN ... PETITIONER /2ND ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE, PAZHAVOOR POLICE STATION, TIRUNELVELI DISTRICT.
(IN CRIME NO. 276 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : MR.C.SUSI KUMAR Advocate For Respondent : MR.A.ROBINSON, Government Advocate(Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner is remanded to judicial custody on 07.12.2018 in Crime No.276 of 2018 on the file of the respondent police for the offences punishable under Section 379 of IPC and Section 21(1) of the Mines and Minerals (Development and Regulation) Act, and seeks bail.
2. The case of the prosecution is that the petitioners along with the other accused said to have illegally transported 7 lorries pont soil with a help of 2 HItachi vehicles without any valid permission. On seeing the respondent, the accused try to escape from the occurrence place, hence, the complaint.
3. Heard the learned counsel appearing for the petitioners and the learned Government Advocate [Criminal Side] for the respondent State.
4. According to the petitioner, he did not commit any offence as alleged in the persecution and he has been falsly implicated in this case with an ulterior motive.
5. The learned Government Advocate [Criminal Side] submitted
that there is no previous case pending against the petitioner.
6. Considering the facts and circumstances of the case and also taking into consideration of the fact that the petitioner was arrested on 07.12.2018 and according to the petitioner, the coaccused, A7 to A10 were granted anticipatory bail. With regard to the involvement, the petitioners were ordered anticipatory bail with a direction to deposit a sum of Rs.7,000/- (Rupees seven thousand) to the District Mineral Foundation of the concerned district. Since, the petitioners have also offered to make a payment of Rs.5,000/- (Rupees five thousand) towards District Mineral Foundation of this concerned district, this Court is inclined to grant bail to the petitioner. 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, Valliyoor.
(ii)the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders sd/- 27/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE, VALLIYOOR, TIRUNELVELI DISTRICT.
2.DO THRO'THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.
3.THE INSPECTOR OF POLICE, PAZHAVOOR POLICE STATION, TIRUNELVELI DISTRICT.
4.THE CHAIRMAN/DISTRICT COLLECTOR, DISTRICT MINERAL FOUNDATION TRUST, TIRUNELVELI DISTRICT.
5.THE SUPERINDENTENT CENTRAL PRISON, PALAYAMKOTTAI.
6 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to MR.C.SUSI KUMAR Advocate SR.No.24144
ORDER
IN CRL OP(MD) No.23054 of 2018 Date :27/12/2018 AE/PN-AC/SAR3/28.12.2018/3P/8C