Laining v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 10.07.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Laining ... Petitioner/Accused No.1 Vs The Inspector of Police, Pattukottai Taluk Police Station, Thanjavur District.

(Crime No.231 of 2024) ... Respondent/Complainant For Petitioner : Mr.K.M.Karunakaran, Advocate For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.231 of 2024 on the file of the respondent Police. ORDER : The Court made the following order :- The respondent police registered a case as against this petitioner in Crime No.231 of 2024 for the offence under Section 303(2) BNS r/w Section 21(1) of the Mines and Minerals (Development and Regulation)Act, 1957 and remanded him into judicial custody on 04.07.2024. Therefore, the petitioner has filed this petition seeking bail.

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2.The case of the prosecution is that the petitioner and other accused have illegally transported 1⁄4 unit of river sand by using bullock cart. 3.The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, he is languishing in jail from 04.07.2024. 4.The learned Additional Public Prosecutor appearing for the respondent opposes for grant of bail on the ground that the investigation is yet to be completed. However, he fairly submits that there is no previous case pending as against the petitioner.

5.Considering the nature of offence and the period of incarceration and also considering that there is no previous case pending as against the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions. 6.Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail, 2/4

i) on the petitioner executing a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrae, Pattukottai.

ii) The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the government in proof of their residence address; iii) The petitioner shall report before the respondent Police daily at 10.30 a.m. until further orders. He has to co-operate for the investigation. iv) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. He shall be available for the trial as well.

v) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the bail. sd/- 10/07/2024 / TRUE COPY / 10/07/2024 Sub-Assistant Registrar( ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDICIAL MAGISTRATE, PATTUKOTTAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE INSPECTOR OF POLICE PATTUKOTTAI TALUK POLICE STATION, THANJAVUR DISTRICT.

4 THE OFFICER INCHARGE, SUB JAIL, PATTUKOTTAI.

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

+1 CC to M/s.K.M.KARUNAKARAN, Advocate ( SR-7675[I] dated 10/07/2024 )

ORDER

IN CRL OP(MD) No.10233 of 2024 Date :10/07/2024 SS/SAR- /10/07/2024/4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4