Madhu Pothiswaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/04/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Madhu Pothiswaran ... Petitioner/Accused (Rank Not known) Vs State Rep.by The Inspector of Police, Srirangam Police Station, Trichy City.

Crime No.301 of 2022.

... Respondent/Complainant For Petitioner : M/s.Lenin Kumar T, Advocate.

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

PRAYER :- For Bail in Crime No.301 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner herein, who was arrested on 24.03.2022 for the alleged offence under Sections 395 r/w 397 of IPC, in Crime No.301 of 2022, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner is the defacto complainant running a edible oil shop at Srirangam. On 23.03.2022, at about 05.30 p.m, due to some other work, the defacto complainant went out of the shop. At that time, the petitioner along with other accused said to have trespassed into the shop and threatened the employee of the shop namely, Suganthi by showing patta katthi and stolen a sum of Rs.5000/- and other grocery things. Thereafter, they fled away from the place of occurrence through Auto bearing Registration No.TN-81-E.5059. Hence, the present case has been registered against the accused.

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3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that this is the second bail application. First bail application filed by the petitioner in Crl.OP(MD)No.6393 of 2022 was dismissed by this Court on 06.04.2022. The petitioner is not having previous case in similar nature and he is in custody from 24.03.2022. Hence, he seeks to grant of bail to the petitioner.

4.The learned Government Advocate (crl.Side) would submit that the petitioner is not having any previous case. 5.Taking note of the above fact that the petitioner is not having either similar case or some other offence and also taking into consideration the period of incarceration, this Court is inclined to grant bail to the petitioner subject to the following conditions:

6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a personal bond for s sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties each for a like sum to the satisfaction of the learned District Munsif Cum Judicial Magistrate, Srirangam, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m until further orders. sd/- 25/04/2022 / TRUE COPY / 25/04/2022 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, SRIRANGAM.

2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

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3 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

4 THE INSPECTOR OF POLICE SRIRANGAM POLICE STATION, TRICHY CITY.

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

+1 CC to M/s.T.LENINKUMAR, Advocate ( SR-3769[I] dated 25/04/2022 )

ORDER

IN CRL OP(MD) No.7525 of 2022 Date :25/04/2022 RS/VR/SAR.3 (22.04.2022) 3P-7C 3/3