Murugan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Murugan, ... Petitioner/Accused No.1 Vs The Inspector of Police, Moondradaipu Police Station, Tirunelveli District.
(Crime No.72/2022).
... Respondent/Complainant For Petitioner : Mr.P.Samuel Gunasingh, 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.72/2022 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioner, who was arrested on 03.07.2022 for the alleged offences under Section 379 IPC, and Section 113(1), 114, 115 and 194
(1) of MV Act, in Crime No.72 of 2022 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that when the respondent police was in routine check up, the petitioner has illegally transported 19410 kgs of block stones by using Tipper Lorry bearing Regn.No.TN 30 AY 4776. 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 is ready to file an undertaking affidavit before the respondent police as well as the Court that he will not indulge in such activities in future. He would further submit that the petitioner is in judicial custody from 29.06.2022. 1/3
4.The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that by using the fake trip sheet the petitioner has illegally transported the block stones. 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, Nanguneri and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.
7. After releasing on bail, the petitioner must file an undertaking affidavit stating that he will not indulge this kind of offence in future before the concerned Magistrate Court and send another copy to the concerned Police Station. 8.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.
TO 1 THE JUDICIAL MAGISTRATE, NANGUNERI.
2 DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.
THE INSPECTOR OF POLICE MOONDRADAIPU POLICE STATION, TIRUNELVELI DISTRICT.
2/3
4 THE OFFICER INCHARGE, BORSTAL JAIL, NANGUNERI.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.12979 of 2022 Date :19/07/2022 trp PKP/SVR/SAR-3/20.07.2022/3P/6C 3/3