Kavinesan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26.07.2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Kavinesan ... Petitioner/Accused No.1 Vs The State represented by, The Inspector of Police, Thiruvonam Police Station, Thanjavur District.

(Crime No.512/2023).

... Respondent/Complainant For Petitioner : M/s.M.Pitchai Muthu 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. 512 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Accused No.1 herein, who was arrested on 10.07.2023 for the alleged offence under Sections 379 of IPC r/w 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.512 of 2023, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner along with other accused 1/3

illegally transported 1⁄2 unit of river sand using Bolero Pick-up Vehicle. Hence, the complaint.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. 4.The learned Additional Public Prosecutor submitted that there is no previous case against the petitioner. The co-accused has been already granted bail. 5.Considering the period of incarceration and the fact that the co-accused has been released on bail and since the petitioner is having no previous cases, this Court is inclined to grant bail to the petitioner with stringent 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) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Orathanadu, 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/- 26/07/2023 / TRUE COPY / 26/07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TM TO 1 THE JUDICIAL MAGISTRATE, ORATHANADU, 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, THIRUVONAM POLICE STATION, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.13678 of 2023 Date :26/07/2023 SA/SAR. /26.07.2023/3P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3