Madras High CourtCRL OP(MD)/12110/2023granted

Neelakandan v. The Inspector Of Police

2023-07-05Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.12110 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12110 of 2023

1. Neelakandan

2. Kalidass ... Petitioners/Accused 1 & 2 Vs The State rep.by The Inspector of Police, Peravoorani Police Station, Thanjavur District.

(Crime No.200 of 2023). ... Respondent/Complainant For Petitioners : Mr.D.R.Murugesan, Advocate For Respondent : Mr.B.NAMBISELVAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.200 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused herein, who were arrested on 24.06.2023 for the alleged offence under Section 379 IPC and Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.200 of 2023, on the file of the respondent police, seek bail.

2.The case of the prosecution is that the accused persons had illegally transported 1⁄4 units of river sand without any valid permit in their bullock carts. Hence, the complaint. 3.The learned counsel for the petitioners would submit that the petitioners are innocents, that they are not having any previous case at their credit. They are in custody from 24.06.2023. Hence, prays to release them on bail.

4.The learned Additional Public Prosecutor appearing for the respondent would submit that though the petitioners are not having any previous case at their credit, the investigation is not yet completed in this case. Hence, prays to dismiss the petition. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.12110 of 2023 5.Considering the facts and circumstances of this case, that the petitioners are not having any previous case at their credit, this Court is inclined to grant bail to the petitioners with certain conditions.

6.Accordingly, this Criminal Original Petition is allowed on condition that the petitioners shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) each to the credit of Cr.No.200 of 2023 before the trial Court concerned, without prejudice to their rights and contentions before the trial Court.

7. On such deposit being made, the petitioners are ordered to be released on bail, on executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Peravurani, and on further condition that the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/- 05/07/2023 / TRUE COPY / 06/07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM TO 1 THE JUDICIAL MAGISTRATE, PERAVURANI.

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

3 THE OFFICER INCHARGE, DISTRICT PRISON, PUDUKOTTAI.

4 THE INSPECTOR OF POLICE, PERAVOORANI POLICE STATION, THANJAVUR DISTRICT.

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

ORDER IN CRL OP(MD) No.12110 of 2023 Date :05/07/2023 RK/VS/SAR- (06/07/2023) 2P/6C https://www.mhc.tn.gov.in/judis 2/2