Madras High CourtCRL OP(MD)/1991/2017bail granted

Kumar, S/O. Govindaraj, v. State Rep.By

2017-02-23Honourable Mr Justice B. Gokuldas2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Third day of February Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice B.GOKULDAS CRL OP(MD) No.1991 of 2017 1 KUMAR 2 SENTHIL 3 MURUGANANDAM 4 RANJITHKUMAR ... PETITIONERS/ACCUSED 1 TO 4 Vs STATE REP.BY THE INSPECTOR OF POLICE, KUMBAKONAM WEST POLICE STATION, KUMBAKONAM, THANJAVUR DISTRICT.

(CR.NO.96/2017) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.D.RAMESH KUMAR Advocate For Respondent : MR.P.KANDASAMY, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Crl.P.C.

ORDER : The Court Made the following order :- The petitioners/accused Nos.1 to 4, were arrested and remanded to judicial custody on 14.02.2017 for the alleged offences punishable under Section 3(1) of PPDL Act in Crime No.96 of 2017 on the file of the respondent police and hence, seeks bail.

2. The case of the prosecution is that the petitioners along with the other accused said to have demolished the compound wall belongs to Kumbakonam Municipality and caused damage of Rs.2,50,000/-.

3. The learned counsel for the petitioners states that the petitioners never committed any offence as alleged by the prosecution and with regard to the said compound-wall, a civil suit is pending and for the same transaction, a case was registered as against the petitioners in the year 1997 in Crime No.418 of 1997 by the same respondent police. By suppressing the same, the present F.I.R. is registered as against the petitioners herein.

4. Heard the learned Government Advocate( Crl.side) appearing for the respondent.

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5. Considering the facts and circumstances of the case and also considering the period of incarceration undergone by the

petitioners, this Court is inclined to grant bail to the petitioners with certain condition. Accordingly, the petitioners are ordered to be released on bail on their executing a 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 No.II, Kumbakonam and each of the petitioners shall deposit a sum of Rs.30,000/- (Rupees Thirty Thousand only) in Crime No.96 of 2017 before the learned Judicial Magistrate No.II, Kumbakonam and on further condition that the petitioners shall appear before the respondent police daily at 10.00., a.m., until further orders.

sd/- 23/02/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO II, KUMBAKONAM.

2.THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR AT KUMBAKONAM. 3.THE SUPERINTENDENT CENTRAL PRISON, TRICHY.

4.THE INSPECTOR OF POLICE, KUMBAKONAM WEST POLICE STATION, KUMBAKONAM, THANJAVUR DISTRICT.

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

+1. CC to M/S.D.RAMESH KUMAR Advocate SR.No.10207

ORDER

IN CRL OP(MD) No.1991 of 2017 Date :23/02/2017 AAM SAR 23.02.2017 2P 7C https://hcservices.ecourts.gov.in/hcservices/