Raja 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

¶1Raja,

¶2Veluchamy,

¶3Alagusundaram,

¶4Rajapandi,

¶5Kumar,

¶6Thirupathi, ... Petitioners/Accused No. 1 to 6 Vs The State rep. by, The Inspector of Police, Narikudi Police Station, Virudhunagar District. Crime No. 130/2023. ... Respondent/Complainant

For Petitioners : Mr.A.C. Asaithambi,

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. 130 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners /A1 to A6 herein, who were arrested and remanded to judicial custody on 25.10.2023 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.130 of 2023, on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that on 24.10.2023 at about 5.30 a.m., when the police officials were on vehicle check up near Veerakudi Villakku regarding sand theft they found the petitioners quarrying one unit of river sand in 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 petitioners are innocent, they have not committed any offence as alleged by the prosecution. They have been falsely implicated in this case. However, to show their bona fide, the petitioners have come forward to deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand only).

¶4The learned Additional Public Prosecutor would submit that the petitioners have illegally quarryied one unit of river sand in bullock cart without any valid permission He would further submit that A4 is having two previous case and A5 is having one previous case.

¶5Considering the facts and circumstances of this case, period of incarceration, considering the nature of the mineral involved and and their willingness to pay a sum of Rs.15,000/- (Rupees Fifteen Thousand only), this Court is inclined to grant bail to the petitioners.

¶6Accordingly, this Criminal Original Petition is allowed on condition that,

(i) the petitioners shall deposit a sum of Rs.15,000/- (Rupees Fifteen 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 their rights and contentions before the trial Court.

¶7On such deposit, the petitioners are ordered to be released on bail, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate Thiruchuli, Virudhunagar District, and the petitioners shall file an undertaking affidavit before the trial Court that they will not indulge in any kind of offence in future and on further condition that the petitioners 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

¶1The Judicial Magistrate Thiruchuli, Virudhunagar District.

¶2Do through the Chief Judicial Magistrate, Virudhunagar District at Srivilliputhur.

¶3The Officer Incharge, District Prison, Virudhunagar

¶4The Inspector of Police, Narikudi Police Station, Virudhunagar District.

¶5The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Copy To

¶1The Registrar Judicial Madurai Bench of Madras High court, Madurai.

¶2The Officer Incharge, Kalaignar Centenary Library, Madurai. +1 CC to M/s.A.C.ASAITHAMBI, Advocate ( SR-16041[I] dated 08/11/2023 ) ORDER IN CRL OP(MD) No.20095 of 2023 Date :08/11/2023 SSA/08.11.2023/5P/9C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023