Madras High CourtCRL OP(MD)/13038/2019granted

Nagarajan v. The Inspector Of Police

2019-09-19Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.13038 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/09/2019 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.13038 of 2019

1. Nagarajan

2. Ravi

3. Subramanian ... Petitioners/Accused No.1 to 3 Vs State rep.by The Inspector of Police, Athirampattinam Police Station, Thanjavur District (Crime No.185 of 2019). ... Respondent/Complainant For Petitioners : M/s.D.R.Murugesan, Advocate.

For Respondent : Mr.A.P.G.Ohm Chairma Prabhu, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.185 of 2019 on the file of the respondent. ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl. Side) appearing for the respondent. 2.The petitioners are arrayed as accused No.1 to 3. They were arrested and remanded to Judicial Custody on 02.09.2019, for the offences punishable under Sections 379 of I.P.C. r/w 21(1) of Mines and Minerals Act, 1957, in Crime No.185 of 2019, on the file of the respondent police. They seek bail.

3.The learned Government Advocate (Crl. side) appearing for the respondent submitted that the quantity of sand involved is 1⁄4 unit. The petitioners are not having any previous case. 4.Taking note of the facts and circumstances of this case, I am inclined to enlarge the petitioners on bail with certain conditions. Accordingly, the petitioners are ordered to be released on bail, subject to the following conditions;

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CRL OP(MD). No.13038 of 2019 (i)the petitioners shall execute a 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 Judicial Magistrate, Pattukottai.

(ii)the petitioners are directed to appear before the respondent police as and when required for the interrogation. (iii)on breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. sd/- 19/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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

3 THE OFFICER INCHARGE, SUB JAIL, PATTUKOTTAI.

4 THE INSPECTOR OF POLICE ATHIRAMPATTINAM POLICE STATION, THANJAVUR DISTRICT

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

+1 CC to M/s.C.BHARATHI, Advocate ( SR-15813[I] dated 19/09/2019) ORDER IN CRL OP(MD) No.13038 of 2019 Date :19/09/2019 SJI ES/PN/SAR 1/19.09.2019/2P/7C https://hcservices.ecourts.gov.in/hcservices/ 2/2