Samyappan v. The Inspector Of Police

CRL OP(MD). No.12397 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12397 of 2023 Samyappan ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, Adirampattinam Police Station, Thanjavur District.

Crime No.109 of 2023.

... Respondent/Complainant For Petitioner : M/s.Deenadhayalan.S, 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.109 of 2023 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner /Accused, who was arrested on 23.06.2023 for the alleged offence under Section 379 IPC r/w Section 21(1) of Mines and Minerals (Development & Regulation) Act, 1957, in Crime No.109 of 2023, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the accused had illegally transported 1⁄2 unit of river sand without any valid permit in the vehicle. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent and he is not having any previous case at his credit. The petitioner is in custody from 23.06.2023. Hence, prays to release him on bail.

4.The learned Additional Public Prosecutor appearing for the respondent would submit that though the petitioner is not having any previous case at his 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.12397 of 2023 5.Considering the facts and circumstances of this case, that the petitioner is not having any previous case at his credit and 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 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, Pattukottai, Thanjavur District, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders. sd/- 07/07/2023 / TRUE COPY / 07/07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM TO 1 THE JUDICIAL MAGISTRATE, PATTUKOTTAI, THANJAVUR DISTRICT. 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE OFFICER INCHARGE, 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.S.DEENADHAYALAN, Advocate ( SR-10359[I] dated 07/07/2023 )

ORDER

IN CRL OP(MD) No.12397 of 2023 Date :07/07/2023 RS//SAR-(07.07.2023) 2P 7C https://www.mhc.tn.gov.in/judis 2/2