Prakash v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1. Prakash

2. Yogesh

3. Manikandan

4. Amalraj ... Petitioners/Accused Nos.1 to 4 Vs The State rep.by, The Inspector of Police, Pavoorchathiram Police Station, Tenkasi District.

(Crime No.250/2022)..

... Respondent/Complainant For Petitioner : M/s. Saravanakumar.C, Advocate.

For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.250/2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/A1 to A4 herein, who were arrested on 03.08.2022 for the alleged offence under Sections 379 of IPC r/w 21

(4) MMDR Act (Mines and Minerals (Development & Regulation) Act, 1957, in Crime No.250 of 2022 on the file of the respondent police, seek bail.

2.The case of the prosecution is that the petitioners said to have illegally transported pond sand by using Tractor bearing 1/3

Reg.No.TN-76-U-9252 without valid permit. Therefore, the present case came to be registered.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they were falsely implicated in this case and they have not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Crl.Side) submitted that the petitioners said to have illegally transported pond sand by using Tractor bearing Reg.No.TN-76-U-9252 without valid permit. He further submitted that the petitioners are not having no previous case. 5.Considering the period of incarceration and also considering the fact that no bad antecedent is reported against the petitioner, this Court is inclined to grant bail to the petitioners with certain conditions.

6.Accordingly, 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 Court, Tenkasi, and on further condition that the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders. sd/- 29/08/2022 / TRUE COPY / 30/08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE JUDICIAL MAGISTRATE, TENKASI.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

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3. THE OFFICE IN CHARGE, SUB JAIL, TENKASI.

4. THE INSPECTOR OF POLICE, PAVOORCHATHIRAM POLICE STATION, TENKASI DISTRICT.

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

ORDER

IN CRL OP(MD) No.14960 of 2022 Date :29/08/2022 RK/VR/SAR-IV (30/08/2022) 3P/6C 3/3