Madras High CourtCRL OP(MD)/12509/2023granted

Pandiyan v. The Inspector Of Police

2023-07-10Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.12509 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/07/2023 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12509 of 2023 1.Pandiyan, 2.Murali, ... Petitioner/Accused Nos.1 and 2 Vs State through The Inspector of Police, Maruvur Police Station, Thanjavur District.

In Crime No.32 of 2023.

... Respondent/Complainant For Petitioners : M/S.PRABHA.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.32 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/ Accused Nos. 1 and 2, who was arrested on 24.06.2023 for the alleged offence under Sections 379 of IPC r/w Section 21(1) of Mines & Minerals (Development & Regulation) Act, 1957, in Crime No.32 of 2023 on the file of the respondent police, seeks bail.

2. The prosecution case is that the petitioners have illegally transported 1/4 unit of river sand each by using a Bullock carts. Hence, the complaint.

3.The learned counsel for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution. He would further submit that the petitioners are in judicial custody from 24.06.2023.

4.The learned Additional Public Prosecutor appearing for the respondent police submitted that there is no previous cases pending against the petitioners, which are similar in nature. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.12509 of 2023 5.Considering the facts and circumstances of this case and considering the duration of custody, this Court is inclined to grant bail to the petitioners with certain conditions; 6.Accordingly, this Criminal Original Petition is allowed and 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, Thiruvaiyaru, Thanjavur District, and on further condition that the petitioners shall report before the respondent Police daily at 10.30 a.m. until further orders. sd/- 10/07/2023 / TRUE COPY / 10/07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU TO 1 THE JUDICIAL MAGISTRATE, THIRUVAIYARU, 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, MARUVUR POLICE STATION, THANJAVUR DISTRICT.

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

ORDER IN CRL OP(MD) No.12509 of 2023 Date :10/07/2023 SA/VR/SAR. /10.07.2023/2P/6C https://www.mhc.tn.gov.in/judis 2/2