Madras High CourtCRL OP(MD)/2389/2022granted

M.Maharajan v. The Sub Inspector Of Police

2022-02-04Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.2389 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/02/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.2389 of 2022

1. M.Maharajan

2. M.Kumar ... Petitioners/Accused Nos.1 & 2 Vs The State rep.by The Sub Inspector of Police, Pettai Police Station, Pettai.

Thirunelveli, Cr.No.15/2022.

... Respondent/Complainant For Petitioner : M/s.KARTHICK R.J., Advocate.

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

PRAYER :- For Bail in Crime No.15 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/A1 and A2, who were arrested for the alleged offence under Sections 341 and 427 of IPC @ 341 of IPC and Section 3 of the Tamil Nadu Property (Prevention of Damage and Loss Act, 1992) in Crime No.15 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioners along with other accused pelted stones in infront of the Government bus and damaged the window shield, which is worth about 10,000/-. Hence, the complaint.

3.The learned counsel for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution. He would further submit that the amount was already paid to the Government. He would further submit that the petitioners are in judicial custody from 20.01.2022.

4.The learned Government Advocate(Crl.side) appearing for the respondent police submitted that the no previous case is pending against the petitioners.

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CRL OP(MD). No.2389 of 2022 5.Considering the facts and circumstances of this case, that the petitioners are not having any previous case at their credit and considering the duration of custody, this Court is inclined to grant bail to the petitioners with certain conditions. 6.Accordingly, this Criminal Original Petition are allowed and the petitioners are ordered to be released on bail, on executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate-V, Tirunelveli, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders. sd/- 04/02/2022 / TRUE COPY / 04/02/2022 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.V, TIRUNELVELI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE OFFICER INCHARGE SUB JAIL, NANGUNERI.

4 THE SUB INSPECTOR OF POLICE, PETTAI POLICE STATION, PETTAI.

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

+1. CC to M/S.KARTHICK R.J. Advocate SR.No.763 ORDER IN CRL OP(MD) No.2389 of 2022 Date :04/02/2022 SA/VR/SAR.2/04.02.2022/2P/7C https://hcservices.ecourts.gov.in/hcservices/ 2/2