A.Paramasivam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twentieth day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.9478 of 2016 A.PARAMASIVAM ... PETITIONER / ACCUSED NO.1 Vs THE STATE REP.BY THE INSPECTOR OF POLICE SRIVAIKUNDAM POLICE STATION, THOOTHUKUDI DSTIRCT CR. NO. 168 OF 2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S A.ANANDAN Advocate For Respondent : MR.P.KANNITHEVAN, Govt. 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 No.1, in Crime No.168 of 2016 on the file of the respondent police, was arrested and remanded to judicial custody on 04.06.2016 for the alleged offences punishable under Sections 294(b),387 and 506(ii) of IPC and Section 3 of TNPPDL Act and hence, seeks bail.

2. The case of the prosecution is that due to the money dispute, the petitioner damaged the Lorry worth Rs.25,000/- belonging to the defacto complainant and abused him in filthy language. On complaint, a case has been registered against the petitioner.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case.

4. The learned Government Advocate (Crl. Side) submitted that the petitioner is already having 12 previous cases and the investigation of the case is pending. He further submitted that if the petitioner is enlarged on bail he will tamper the evidence and hamper the investigation and hence, he strongly objected to grant bail to the petitioner.

5. Per contra, the learned counsel for the petitioner contended that already the petitioner was acquitted in two cases for the offence under Section 302 IPC and he compromised the other cases and only on false complaint, a case has been registered against the petitioner. https://hcservices.ecourts.gov.in/hcservices/

6. Considering the facts and circumstances of the case and also considering the fact that already the petitioner was acquitted in two cases, this Court is inclined to enlarge the petitioner on bail with certain conditions. Accordingly, the petitioner is ordered to be released on bail on his executing 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, Srivaikundam and on further condition that the petitioner shall stay at Perambalur and report before the Inspector of Police, Perambalur Police Station daily at 10.00 am until further orders.

sd/- 20/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SRIVAIKUNDAM.

2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT.

3 THE OFFICER INCHARGE JAIL,SRIVAIKUNDAM.

4 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

5 THE INSPECOR OF POLICE PERAMBALUR POLICE STATION, PERAMBALUR.

6 THE INSPECTOR OF POLICE SRIVAIKUNDAM POLICE STATION, THOOTHUKUDI DSTIRCT CR. NO. 168 OF 2016 +1. CC to M/S A.ANANDAN Advocate SR.No.31356.

ORDER

IN CRL OP(MD) No.9478 of 2016 Date :20/06/2016 AM/AAL.MPA/SAR-II/20.06.2016/2P/8C https://hcservices.ecourts.gov.in/hcservices/