Kumarselvam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Third day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.12395 of 2015 KUMARSELVAM ... PETITIONER/SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE THIRUVONAM POLICE STATION, THANAJVUR DISTRICT. CR. NO.104/2015. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.ARAVIND RAJ Advocate For Respondent : M/S.K.V.RAJARAJAN Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who is arrayed as the sole accused in Crime No.104 of 2015 on the file of the respondent Police was arrested on 05.05.2015 for the offences punishable under Sections 436 IPC r/w Section 4 of TNPPDL Act, 1992 as Amended Act, 1994 and he seeks bail. 2.According to the de fact complainant, on 25.05.2015 at 1.00 a.m, the accused set fire to the Poultry Form of the de facto complainant and caused loss of Rs.12 lakhs.

3.The learned counsel for the petitioner submitted that there is inordinate delay of 3 days in lodging the compliant and if there is really huge loss, the de facto complainant would have been given the said complaint on 25.04.2015 in stead of 28.04.2015. It is further submitted that the petitioner is under judicial custody for more than 55 days. 4.The learned Government Advocate (Crl.side) appearing for the respondent Police submitted that due to previous enmity the accused has set fire to the Poultry Form of the de facto complainant and caused loss of Rs.12 lakhs.

5.Considering the facts, this Court is inclined to grant bail to the petitioner with certain conditions. Accordingly, 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, Orathanadu, and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m., until further orders. sd/- 03/07/2015 / TRUE COPY / https://hcservices.ecourts.gov.in/hcservices/ Sub-Assistant Registrar (C.S.)

TO 1 THE JUDICIAL MAGISTRATE, ORATHANADU.

2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR AT KUMBAKONAM. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE THIRUVONAM POLICE STATION, THANAJVUR DISTRICT. 5 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY. +1. CC to M/S.R.ARAVIND RAJ Advocate SR.No. 35959. TS/03.07.2015/2P -7C

ORDER

IN CRL OP(MD) No.12395 of 2015 Date :03/07/2015 https://hcservices.ecourts.gov.in/hcservices/