Selvakumar And Others vs Inspector Of Police

B.Pugalendhi, J

The petitioners, who were arrested on 27.03.2024 for the alleged offence under Sections 379 of IPC r/w 21(1) of Mines and Minerals (Development and Regulations) Act, 1957 in Crime No.176 of 2024 on the file of the respondent police, seek bail.

2.The case of the prosecution is that the petitioners have illegally transported 3 unit of river sand in their vehicles.

3.The learned counsel for the petitioners submits that the petitioners have never committed any offence as alleged by the prosecution and only on suspicious they were arrested by the respondent police. They are languishing in jail for the past eight days.

4.The learned Additional Public Prosecutor appearing for the respondent submits that the petitioners have illegally transported 3 unit of river sand. No previous case is pending as against the petitioners.

Considering the facts and circumstances of the case and no other previous cases are pending as against these petitioners, this Court is inclined to grant bail to the petitioners.

Accordingly, this Criminal Original Petition is ordered and the petitioners are ordered to be released on bail on the following conditions:-

i) The petitioners shall execute 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, Thiruvaiyaru, Thanjavur District.

ii) The petitioners 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 petitioners shall report before the respondent police daily at 10.30 a.m.

iii) The petitioners shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioners shall be available for the trial as well.

iv) On violation of any of the above conditions by the petitioners, the respondent police shall move an application for cancellation of the bail.