Marimuthu v. The Inspector Of Police
CRL OP(MD). No.12882 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12882 of 2022 Marimuthu ... Petitioner/Accused No.1 Vs The State rep.by The Inspector of Police, Thalayuthu Police Station, Tirunelveli District.
Crime No.165 of 2022.
... Respondent/Complainant For Petitioner : M/s.SAMUEL GUNASINGH.P, 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.165 of 2022 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/Accused No.1, who was arrested on 01.07.2022 for the alleged offences under Sections 279, 336, 379 of IPC and Section 194(1) of the Motor Vehicles Act, 1988, in Crime No.165 of 2022, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner along with the other accused have illegally transported 3 units of M.sand by using Tipper Lorries bearing Reg.Nos.TN-72-AH-4114 & TN-72-P9110. Therefore, the present case came to be registered.
3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. He is in custody from 01.07.2022 and no previous case is pending against the petitioner. Hence, he prays for grant of bail to the petitioner.
4.The learned learned Government Advocate (Crl.Side) submitted that the petitioner along with the other accused have illegally transported 3 units of M.sand by using Tipper Lorries bearing Reg.Nos.TN-72-AH-4114 & TN-72-P-9110. He further submitted that no previous case is pending against the petitioner. https://www.mhc.tn.gov.in/judis 1/2
CRL OP(MD). No.12882 of 2022 5.Considering the facts and circumstances of the case and also considering the fact that the period of incarceration, nature of the mineral involved and the antecedents of the petitioner, this Court is inclined to grant bail to the petitioner with stringent conditions.
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 No.III, Tirunelveli, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders. sd/- 18/07/2022 / TRUE COPY / 18/07/2022 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 NO.III, TIRUNELVELI. 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THIRUNELVELI DISTRICT. 3 THE SUPERINTENDENT, CENTRAL JAIL, PALAYAMKOTTAI . 4 THE INSPECTOR OF POLICE, THALAYUTHU POLICE STATION, TIRUNELVELI DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.12882 of 2022 Date :18/07/2022 SA/VR/SAR.2/18.07.2022/2P/6C https://www.mhc.tn.gov.in/judis 2/2