Bharathi @ Ragunath Bharathi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Eighth day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.15233 of 2018 BHARATHI @ RAGUNATH BHARATHI ... PETITIONER / ACCUSED No.1 Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE AYAKUDI POLICE STATION, DINDIGUL DISTRICT.

Crime No.164 of 2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.C.SUSI KUMAR Advocate For Respondent : Mr.V.NEELAKANDAN Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is in judicial custody since 07.07.2018 for the offences punishable under Sections 454, 457 and 380 I.P.C. in Crime No.164 of 2018 on the file of the respondent police. He seeks bail. 2.The case of the prosecution is that the defacto complainant appointed the petitioner as Night Watchman to maintain his Spinning Mill and it was not functioning from the year 2015. The defacto complainant frequently visited his Spinning Mill and on such visit, on 07.02.2018, the defacto complainant found that the machineries worth about Rs.1,75,00,000/- were missing. Hence, the case has been registered.

3.The learned counsel for the petitioner would submit that the petitioner was working as a Watchman in the defacto complainant's Company for the past several years. Due to misunderstanding between the employer and employee, a false case has been foisted against the petitioner. He further submitted that the said machineries were recovered from the petitioner and he is a sole accused in this case. He is in judicial custody from 07.02.2018 onwards. Hence, he prays for grant of bail to the petitioner.

https://hcservices.ecourts.gov.in/hcservices/ 4.The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner is a sole accused. The

stolen properties were recovered by the respondent police and the investigation is in progress.

5.Considering the above facts and circumstances and also considering the period of incarceration of the petitioner, this Court is inclined to grant bail to the petitioner. 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 sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Palani.

(ii)the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders;

sd/- 28/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, PALANI.

2.THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT. 3.THE INSPECTOR OF POLICE AYAKUDI POLICE STATION, DINDIGUL DISTRICT.

4.THE OFFICER INCHARGE, SUB JAIL, PALANI.

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

+1. CC to Mr.C.SUSI KUMAR Advocate SR.No.16328

ORDER

IN CRL OP(MD) No.15233 of 2018 Date :28/08/2018 TK/PN/SAR.4/28.08.2018/2P-7C https://hcservices.ecourts.gov.in/hcservices/