Madras High CourtCRL OP(MD)/20784/2021granted

Palaniselvam v. The Inspector Of Police

2021-12-23Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.20784 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/12/2021 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.20784 of 2021 Palaniselvam ... Petitioner/Accused No.2 Vs The State rep.by, The Inspector of Police, Paramakudi Taluk Police Station, Ramanathapuram District.

Crime No.383/2021. ... Respondent/Complainant For Petitioner : Mr.B.Ramamoorthy, Advocate.

For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :-For Bail in Crime No.383 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/Accused No.2 herein, who was arrested on 14.12.2021 for the alleged offence under Section 379 of IPC and 21

(1) Mines and Minerals Development and Regulation Act, in Crime No.383 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner and the other accused have illegally transported 3⁄4 unit of river sand by using vehicle bearing Registration No.TN-74-AK-4899. Therefore, the present case came to be registered.

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. Hence, he seeks bail to the petitioner.

4.The learned Additional Public Prosecutor submitted that one previous case is pending against the petitioner, which is IPC case and there is no previous case in similar nature. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.20784 of 2021 5.Considering the period of incarceration and the fact that there is no previous case in similar nature, 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, Paramakudi, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/- 23/12/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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 PARAMAKUDI.

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

3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI..

4 THE INSPECTOR OF POLICE PARAMAKUDI TALUK POLICE STATION, RAMANATHAPURAM DISTRICT.

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

+1 CC to MR.B.RAMAMOORTHY, Advocate ( SR-9708[I] dated 23/12/2021 )

ORDER

IN CRL OP(MD) No.20784 of 2021 Date :23/12/2021 DSS MK/VR/SAR.IV/23.12.2021/2P/7C https://hcservices.ecourts.gov.in/hcservices/ 2/2