Sudalaimani v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31/10/2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM Sudalaimani ... Petitioner/Sole Accused Vs The State represented by The Sub Inspector of Police, Koodankulam Police Station, Tirunelveli District.

Crime No. 524 of 2023.

... Respondent/Complainant For Petitioner : Mr.V.Angusamy, Advocate.

For Respondent : Mr.Rms.Sethuraman, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 524 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/ sole accused, who was arrested and remanded to judicial custody on 12.10.2023 for the alleged offence punishable under Section 379 IPC r/w. 21(4) of 1/5

Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.524 of 2023, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 12.10.2023 at 3.00 pm when the respondent police was in vehicle check up the petitioner herein has illegally transported 6 units of gravel sand by using Taurus Lorry bearing Regn.No.TN 72 BX 2089. Hence, the case.

3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case. He would further submit that the petitioner is in jail from 12.10.2023 and hence, he seeks bail. 4.The learned Additional Public Prosecutor appearing for the respondent submitted that petitioner herein said to have illegally transported 6 units of gravel sand by using Taurus Lorry bearing Regn.No.TN 72 BX 2089 and the same was recovered and he is not having any previous case. He would further submit that the investigation of the case is pending.

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5. Considering the nature of allegations made against the petitioner and that the petitioner herein is not having any previous case and also considering the period of incarceration and also taking into consideration of the principle stated by the Honourable Supreme Court in Sanjay Chandra and others vs. CBI reported in (2012)1 SCC 40 and the nature of the offence alleged by the petitioner, this Court is inclined to grant bail to the petitioner.

6. Accordingly, the petitioner is ordered to be released on bail on condition to execute own bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) subject to the satisfaction of the learned Judicial Magistrate, Radhapuram, Thirunelveli District and on further conditions that:

(i) the petitioner shall appear before the trial Court on receipt of summons as directed by the trial Court.

(ii)the petitioner shall not tamper with evidence or witness; (iii)the petitioner shall not abscond during trial. 3/5

(iv) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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]. vi)If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 31/10/2023 / TRUE COPY / 31/10/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO 1 THE JUDICIAL MAGISTRATE, RADHAPURAM, THIRUNELVELI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE SUB INSPECTOR OF POLICE KOODANKULAM POLICE STATION, TIRUNELVELI DISTRICT. 4 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.

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

+1 CC to M/s.V.ANGUSAMY, Advocate ( SR-15700[I] dated 31/10/2023 )

ORDER

IN CRL OP(MD) No.19127 of 2023 Date :31/10/2023 SS/SAR- /31/10/2023/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5