Thamaraikannan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Third day of May Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice T.KRISHNAVALLI CRL OP(MD) No.7758 of 2018 THAMARAIKANNAN ... PETITIONER/SOLE ACCUSED Vs STAE REPRESENTED BY, THE INSPECTOR OF POLICE, MUKKUDAL POLICE STATION, TIRUNELVELI DISTRICT.

CRIME NO.282/2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.V.KATHIRVELU, Senior Counsel for MR. K.PRABHU Advocate For Respondent : MR.PRABU RAMACHANDRAN,Government Advocate(Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused was arrested and remanded to judicial custody on 14.03.2018 for the alleged offences punishable under section 379 IPC @ 379 and Section 3 of TNPPDL Act, in connection with a case, in Crime No.282 of 2017 on the file of the respondent police and hence seeks bail.

2.The case of the prosecution is that the accused along with the other persons stolen the tractor belongs to the de-facto complainant and subsequently, dropped the same into the well and thereby caused damages to the tractor.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence alleged by the prosecution and that the petitioner is in judicial custody for more than 69 days and hence, the petitioner may be released on bail.

4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that the accused had stolen the tractor and caused damaged to the tractor and the alleged tractor has been https://hcservices.ecourts.gov.in/hcservices/

recovered from the accused person.

5.Considering the facts and circumstances of the case and also considering the fact that the petitioner is in jail for more than 69 days, this court is inclined to grant bail to the petitioner with certain conditions.

6.Accordingly, it is ordered that the petitioner shall be released on bail, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a likesum to the satisfaction of the learned Judicial Magistrate, Cheranmahadevi and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m and 5.00 p.m until further orders.

sd/- 23/05/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, CHERANMAHADEVI, TIRUNELVELI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE, MUKKUDAL POLICE STATION, TIRUNELVELI DISTRICT. 4 THE SUPERINTENDENT , CENTRAL PRISON, PAYALAMKOTTAI 5 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.K.PRABHU, Advocate SR.No.9060

ORDER

IN CRL OP(MD) No.7758 of 2018 Date :23/05/2018 PK/PN/GSR/23.05.2018 : 2P/7C https://hcservices.ecourts.gov.in/hcservices/