Gunaseelan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/02/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.2212 of 2022 Gunaseelan ... Petitioner/Sole Accused Vs State rep.by The Inspector of Police, Thanjavur Tamil University Police Station, Thanjavur District.
(Crimeno.746 of 2021).
... Respondent/Complainant For Petitioner : M/s.Karunakaran K M, Advocate. For Respondent : M/s.SS.Mathavan, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.746 of 2021 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested on 27.12.2021 for the alleged offence under Sections 457 and 511 of IPC, in Crime No.746 of 2021, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that on 26.12.2021, at about 01.30 p.m, the petitioner tried to enter into the house of the defacto complainat by breaking open the door and windows, when the defacto complainant went away from the house and coming to know about the said incident, a case has been registered. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution. He is in judicial custody
from 27.12.2021 and the petitioner is not having any previous case. Hence, he prays to grant of bail to the petitioner. 4.The learned Government Advocate (Crl.Side) submitted that there is no previous case is pending against the petitioner. 5.Considering the period of incarceration and also considering the fact that the no previous case similar in nature is pending against the petitioner, this Court is inclined to grant bail to the petitioner with stringent conditions.
6.Accordingly, this Criminal Original Petition is allowed and 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.2,Thanjavur, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.
Sd/- 03/02/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.
Dss 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.2, THANJAVUR.
2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.
3. THE OFFICER INCHARGE, DISTRICT JAIL, PUDUKKOTTAI.
4. THE INSPECTOR OF POLICE, THANJAVUR TAMIL UNIVERSITY POLICE STATION, THANJAVUR DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.2212 of 2022 Date :03/02/2022 SP/PN/SAR I/04/02/2022/3P/6C