A.Cinnappa v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/11/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN A.Cinnappa ... Petitioner/Accused Rank No.3

Vs The State rep.by, The Inspector of Police, Ayyampettai Police Station Thanjavur District. Crime No.375/2023.. ... Respondent/Complainant For Petitioner : Mr.Dhilipan Pandian R L,

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.375/2023 on the file of the respondent police. ORDER : The Court made the following order :-

The petitioner / A3 herein, who was arrested on 27.10.2023 for the alleged offence under Sections 379 of IPC and Section 21(4) of Mines and Minerals (Development and Regulations) Act, in Crime No.375 of 2023, on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that on 26.10.2023, when the police officials were on patrol duty the petitioner along with other accused were illegally quarrying ¼ unit of river sand in a bullock cart without any valid permission. Hence a complaint was lodged and a case was registered.

¶3The 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).

¶4The learned Additional Public Prosecutor would submit that the petitioner has illegally transported ¼ unit of river sand in a bullock cart.

¶5Considering the facts and circumstances of this case, period of incarceration, considering the nature of the mineral involved, 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.

¶6Accordingly, 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 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.

¶7On 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 No.III, Thanjavur District, and the petitioner shall file an undertaking affidavit before the trial Court CRLeOP(MD).eNo.19928eofe2023 thatoheowillonotoindulgeoinoanyokindoofooffenceoinofutureoandoonofurtheroconditionothat theopetitioneroshalloreportobeforeotheorespondentopoliceodailyoato10.30oa.m.ountil furtheroorders.oooooooooooooooooooooooooooooooooo ooooooooooooooooooooooooooooooooooooooo oooooooooooooooooooooooooooo oooooooooooooooooooooosd/- ooooooooooooooooooooooooooooooooooo ooooooo07/11/2023 oooo ooooooooooo/oTRUEoCOPYo/ ooooooooooooooooooooooooooooooooooooooo ooooooooo07/11/2023 ooooooooooooooooooooooooooo ooooooooooooSub-AssistantoRegistraro(C.S.ooooo) ooooooooooooo oooooooooooooooooooooooMaduraioBenchoofoMadrasoHighoCourt, ooooooooooooooooooooooooooooooooooooo ooooooooMaduraio-o625o023.oo AAV TO

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2.THE OFFICER IN CHARGE, KALAIGNAR CENTENARY LIBRARY, MADURAI. ORDER IN CRL OP(MD) No.19928 of 2023 Date :07/11/2023 RK (07/11/2023) 5P /8 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023