J.Siranjeevi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Sixteenth day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.20026 of 2015 J.SIRANJEEVI ... PETITIONER / ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE ADHIRAMPATTINAM POLICE STATION, THANJAVUR DISTRICT.

(CRIME NO. 279/2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S R.VENKATESHWAR Advocate For Respondent : MR.K.ANBARASAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 07.09.2015 for the alleged offences punishable under Sections 294(b), 386, 506(ii) of I.P.C r/w Section 3(1) of Tamil Nadu Property(Prevention of Damage & Loss) Act, 1992, in Crime No.279 of 2015 on the file of the respondent police and hence, seeks bail.

2.The case of the prosecution is that on 07.09.2015 at 11.30 a.m., the petitioner went to the petty shop of the defacto complainant and after having cool drink, refused to pay money and scolded the defacto complainant with filthy language and damaged the articles in the shop worth about Rs.5,500/- and took away a sum of Rs.520/- from the shop.

3. The case of the petitioner is that the petitioner never involved in any illegal activity as alleged by the prosecution. On the other hand, on 04.09.2015 at about 4.00 a.m., the Deputy Superintendent of Police along with other policemen came to the petitioner's house and arrested him and kept him under illegal custody from 04.09.2015.

4. The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case by the respondent police with ulterior motive and arrested the petitioner and remanded to judicial custody.

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5. The learned Government Advocate(Crl. Side) filed a counter affidavit stating that the petitioner is having four previous cases and he is a history sheeted rowdy. He further submitted that the investigation is pending.

6. However, the learned counsel for the petitioner submitted that the petitioner was granted bail in all the other cases and the order detaining him under Act 14 of 1982 was revoked in the year 2014 itself, and hence, the petitioner may be granted bail.

7. Considering the above said facts and circumstances, this Court is inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail on his 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, Pattukottai and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m., and 5.00 p.m., until further orders.

sd/- 16/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, PATTUKOTTAI.

2 THE CHIEF JUDICIAL MAGISTRATE THANJAVUAR AT KUMBAKONAM.

3 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE ADHIRAMPATTINAM POLICE STATION, THANJAVUR DISTRICT.

5 THE OFFICERS INCHARGE SUB JAIL PATTUKOTTAI.

+1. CC to M/S R.VENKATESHWAR Advocate SR.No.65617

ORDER

IN CRL OP(MD) No.20026 of 2015 Date :16/11/2015 RG.AN-MP/SAR-II 16.11.2015 2P/7C.

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