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Judgment
B.Pugalendhi, J
The respondent police registered a case as against this petitioner in Crime No.178 of 2024 for the offence under Section 379 IPC and Section 21(4) of Mines and Minerals (Development & Regulation) Act, 1957 and remanded him into judicial custody on 21.03.2024. Therefore, the petitioner has filed this petition seeking bail.
The case of the prosecution is that the petitioner has illegally transported two bags of river sand in his two-wheeler.
The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, he is languishing in Jail from 21.03.2024.
The learned Additional Public Prosecutor appearing for the respondent opposes for grant of bail on the ground that the petitioner is having one previous case of similar in nature.
Considering the facts and circumstances of the case and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner.
Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail
i) on the petitioner executing a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.3, Thanjavur.
ii) The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address;
iii) The petitioner shall appear before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter shall appear as and when required by the respondent police. He has to co-operate for the investigation.
iv) The petitioner shall file an undertaking affidavit before the respondent Police as well as before the trial Court that he will not indulge in any other offence in future;
v) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. He shall be available for the trial as well.
vi) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the bail.