Madras High CourtCRL OP(MD)/841/2022allowed

Petchidurai v. The Inspector Of Police

2022-01-19Honourable Mrs Justice R. Tharani2 pages

CRL OP(MD). No.841 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/01/2022 PRESENT The Hon`ble Mrs.Justice R. THARANI CRL OP(MD). No.841 of 2022 Petchidurai ... Petitioner/Accused No.1 Vs The State rep.by, The Inspector of Police, Palayamkottai Police Station, Tirunelveli City, Tirunelveli District.

Crime No.912 of 2021.

... Respondent/Complainant For Petitioner : Mr.S.Selvakumar, Advocate.

For Respondent : Mr.P.Kottaichamy, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :-For Bail in Crime No.912 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.1 herein, who was arrested on 28.12.2021 for the alleged offence under Sections 379 of IPC, in Crime No.912 of 2021, on the file of the respondent police, seeks bail.

2.The case against the petitioner is that the petitioner has transported two units of stones without any permit. 3.On the side of the petitioner it is stated that the petitioner was arrested on 28.12.2021. The petitioner is working only as a driver. The allegation is that he transported two units of stones from old house to the new house of an individual person. The petitioner is a daily wage driver and prayed the petitioner to be released on bail.

4.On the side of the respondent, it is stated that the petitioner is having a previous case, which is similar in nature and prayed the petition to be dismissed.

5.The petitioner is only a driver. Considering the nature of offence and the period of incarceration, this Court is inclined to grant bail to the petitioner with certain conditions. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.841 of 2022 6.Accordingly, this Criminal Original Petition is allowed on condition that the petitioner shall deposit a sum of Rs.30,000/- (Rupees Thirty Thousand only) to the credit of Cr.No.912 of 2021 before the trial Court concerned, without prejudice to his rights and contentions before the trial Court.

7. On such deposit being made, the petitioner is ordered to be released on bail, on executing a personal 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.I, Tirunelveli and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/- 19/01/2022 / TRUE COPY / 19/01/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE JUDICIAL MAGISTRATE NO.I, TIRUNELVELI 2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THIRUNELVELI DISTRICT.

3 THE OFFICER INCHARGE, SUB JAIL, SRIVAIKUNDAM, THOOTHUKUDI DISTRICT. 4 THE INSPECTOR OF POLICE PALAYAMKOTTAI POLICE STATION, TIRUNELVELI CITY, TIRUNELVELI DISTRICT.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL OP(MD) No.841 of 2022 Date :19/01/2022 TM MK/JC/SAR.II/19.01.2022/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2