Karuppaiyan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/11/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Karuppaiyan ... Petitioner/Accused No.2 Vs State Rep.by The Inspector of Police, Vattathikottai Police Station, Thanjavur District.
Crime No. 638/2023.
... Respondent/Complainant For Petitioner :
Mr.M.Pitchai Muthu, Advocate.
For Respondent :
Mr.R.M.S.Sethuraman, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No. 638 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner /A2 herein, who was arrested and remanded to judicial custody on 19.10.2023 for the alleged offence under Sections 379 of IPC and Section 21(1) of Mines and Minerals (Development and Regulations) Act, 1957 in Crime No.638 of 2023, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on 14.09.2023 while the respondent police were on regular patrol duty they found the petitioner carrying 1⁄4 unit or river sand in 1/4
a bullock cart without any valid permission. Hence a complaint was lodged and a case was registered.
3. The learned counsel for the petitioners submitted that the petitioner is an innocent, he has not committed any offence as alleged by the prosecution. He has been falsely implicated in this case. However, to show his bona fide, the petitioner has come forward to deposit a sum of Rs.5,000/- (Rupees Five Thousand only).
4. The learned Additional Public Prosecutor would submit that the petitioner has illegally transported 1⁄4 unit or river sand in a bullock cart without any valid permission. He would further submit that no previous case is pending against the petitioner.
5. Considering the facts and circumstances of this case, period of incarceration, considering the nature of the mineral involved and considering the fact that no previous case is pending against the petitioner and his willingness to pay a sum of Rs.5,000/- (Rupees Five Thousand only), this Court is inclined to grant bail to the petitioner.
6. Accordingly, this Criminal Original Petition is allowed on condition that, (i) the petitioner shall deposit a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of the Account Number (A/c.No.7567821433, Indian Bank, High Court Branch Madurai (2001), IFSC Code:IDIB000H040) opened by the Registrar 2/4
Judicial, Madurai Bench of Madras High Court, Madurai, for donating law books in the name of "Madurai Bench of Madras High Court" in Kalaignar Centenary Library, Madurai, without prejudice to his rights and contentions before the trial Court.
7. On such deposit, the petitioner is ordered to be released on bail, on executing 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 learned Judicial Magistrate Pattukottai, Thanjavur District, and the petitioner shall file an undertaking affidavit before the trial Court that he will not indulge in any kind of offence in future and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.
sd/- 08/11/2023 / TRUE COPY / 08/11/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
AAV TO 1 THE JUDICIAL MAGISTRATE, PATTUKOTTAI, THANJAVUR DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.
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3 THE OFFICER INCHARGE, SUB JAIL, THANJAVUR.
4 THE INSPECTOR OF POLICE, VATTATHIKOTTAI POLICE STATION, THANJAVUR DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO 1 THE REGISTRAR (JUDICIAL), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
2 THE OFFICER INCHARGE KALAIGNAR CENTENARY LIBRARY, MADURAI.
ORDER
IN CRL OP(MD) No.20115 of 2023 Date :08/11/2023 RS//SAR-(08.11.2023) 4P 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4