Kasinathan v. The Inspector Of Police

CRL OP(MD). No.12620 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12620 of 2022 Kasinathan ... Petitioner/Sole Accused Vs The State rep.by, The Inspector of Police, Adirampattinam Police Station, Thanjavur District.

(Crime No.379/2022).

... Respondent/Complainant For Petitioner : M/s.Karunakaran.K.M, Advocate.

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

PRAYER :- For Bail in Crime No.379 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who was arrested on 04.07.2022 for the alleged offences under Sections 379 IPC r/w. 21(1) of Mines and Mineral Act, 1957, in Crime No.379 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner has illegally transported 1⁄4 unit of river sand by using Bullock Cart. Hence, the complaint.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner has already file an undertaking affidavit before the respondent police that he will not indulge in such activities in future. He would further submit that the petitioner is in judicial custody from 04.07.2022.

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CRL OP(MD). No.12620 of 2022 4.The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that the petitioner is having two previous case in similar nature.

5.Considering the facts and circumstances of this case and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner with certain conditions. 6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing 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, Pattukkottai and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

7.If any violation is noticed after filing undertaking affidavit, bail granted by this Court, shall stand automatically cancelled without reference to this Court.

sd/- 19/07/2022 / TRUE COPY / 20/07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO 1.THE JUDICIAL MAGISTRATE, PATTUKKOTTAI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR AT KUMBAKONAM.

3.THE OFFICER IN CHARGE, SUB JAIL, THANJAVUR. 4.THE INSPECTOR OF POLICE, ADIRAMPATTINAM POLICE STATION, THANJAVUR DISTRICT.

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

+1. CC to M/S.KARUNAKARAN K M Advocate SR.No.7289

ORDER

IN CRL OP(MD) No.12620 of 2022 Date :19/07/2022 RK/JM/SAR-II/20.07.2022/2P/7C https://www.mhc.tn.gov.in/judis 2/2