Arivalagan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Eighth day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.13091 of 2016 ARIVALAGAN ..PETITIONER/ACCUSED Vs.

STATE REP.BY THE INSPECTOR OF POLICE OTTAPIDARAM POLICE STATION OTTAPIDARAM, THOOTHUKUDI DISTRICT.

CRIME NO.55 OF 2016.

..RESPONDENT/COMPLAINANT For Petitioner : M/S A.THIRUVADI KUMAR Advocate For Respondent : Mr.P.KANNITHEVAN, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is arrayed as accused, who was arrested and remanded to judicial custody on 17.07.2016 for the alleged offence punishable under Sections 109 of I.P.C., and Section 3 of TNPPDL Act, 1992 in Crime No.55 of 2016, on the file of the respondent police and hence, seeks bail.

2. The case of the prosecution is that on 25.04.2016, at 7.30 p.m., when the de-facto complainant was travelling in his car, at the instigation of the petitioner, the miscreants pelted stones to his car and caused damage to the rear side glass of the car. On complaint, case has been registered for the above said offences.

3. The case of the petitioner is that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. The petitioner is in judicial custody from 17.07.2016.

4. The learned counsel for the petitioner submitted that the petitioner is willing to deposit a sum of Rs.2,500/- to the credit of this case.

5. The learned Government Advocate (Crl.side) submitted that the investigation is completed and the charge sheet has been filed before the learned Judicial Magistrate in P.R.C.No.33 of 2016.

6. Considering the facts and circumstances of the case and also considering the fact that the investigation is completed and also the charge sheet has been filed, this Court is inclined to enlarge the petitioner on bail with certain conditions. Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions:

(i) the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two https://hcservices.ecourts.gov.in/hcservices/

sureties for a like sum to the satisfaction of the learned Judicial Magistrate, Vilathikulam. (ii) the petitioner shall deposit a sum of Rs.2,500/- (Rupees Two Thousand and Five Hundred only) to the credit of Crime No.55 of 2016 before the learned Judicial Magistrate, Vilathikulam.

(iii) the petitioner shall report before the concerned Court daily at 10.30 a.m. until further orders.

(iv) the petitioner shall not tamper with evidence or witness either during investigation or trial.

(v) the petitioner shall not abscond either during investigation or trial.

(vi) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

7. The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether the petitioner is complying with the condition or not. sd/- 28/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, VILATHIKULAM, THOOTHUKUDI DISTRICT. 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE, OTTAPIDARAM POLICE STATION, OTTAPIDARAM, THOOTHUKUDI DISTRICT.

5 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.

+1. CC to M/S A.THIRUVADI KUMAR Advocate SR.No.40330 ORDER IN CRL OP(MD) No.13091 of 2016 Date :28/07/2016 PBK/NGM-MP/SAR-III 28/07/2016 ::2P-7C::

https://hcservices.ecourts.gov.in/hcservices/