Gajendran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/10/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Gajendran ... Petitioner/1st Accused Vs State, represented by The Inspector of Police, Thiruvaiyaru Police Station, Thanjavur District.

(Crime No.129 of 2023).

... Respondent/Complainant For Petitioner : Mr.M.Prabhu, Advocate.

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

PRAYER :- For Bail in Crime No.129 of 2023 on the file of the respondent Police. ORDER : The Court made the following order :- 1/4

The petitioner/ 1st accused herein, who was arrested on 16.07.2023 for the alleged offence under Sections 379 IPC r/w. 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.129 of 2023 on the file of the respondent Police, seek bail.

2. The case of the prosecution is that on 12.05.2023, when the respondent Police was in the routine patrol duty, he found that the petitioner has committed sand theft of 1⁄4 unit of river sand using his bullock cart. Hence the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is innocent person and he was falsely implicated in this case and he has not committed any offence as alleged by the prosecution.

4. The learned Additional Public Prosecutor would submit that proceedings under Act 14 invoked against the petitioner is revoked by the order dated 21.09.2023, by the Government.

5.Considering the period of incarceration and cosidering the fact that proceedings under Act 14 imposed upon the petitioner is revoked by the Government, this Court is inclined to grant bail to the petitioner with certain 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/- 2/4

(Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Thiruvaiyaru, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/- 13/10/2023 / TRUE COPY / 13/10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU TO THE JUDICIAL MAGISTRATE, THIRUVAIYARU.

DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT @ KUMBAKONAM.

THE INSPECTOR OF POLICE THIRUVAIYARU POLICE STATION, THANJAVUR DISTRICT.

THE OFFICER INCHARGE DISTRICT JAIL, PUDUKKOTTAI.

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

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+1 CC to M/s.M.PRABU, Advocate ( SR-15127[I] dated 13/10/2023 )

ORDER

IN CRL OP(MD) No.18428 of 2023 Date :13/10/2023 PKP/13.10.2023/ 4P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4