Vimalraj, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Seventh day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.15378 of 2018 VIMALRAJ ... PETITIONER / ACCUSED No.2 Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE, THIRUKATTUPALLI POLICE STATION, THANJAVUR DISTRICT.

Crime No.179/2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.A.ARUN PRASAD 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 08.08.2018 for the offences punishable under Sections 294(b), 341, 392, 506(ii) and Section 3(1) of TNPPDL Act, in Crime No.179 of 2018 on the file of the respondent police. He seeks bail.

2.The case of the prosecution is that on 16.07.2018, when the defacto complainant was proceeding to purchase fertilizers for his lands, the petitioner and other accused in this case waylaid the defacto complainant along with three unnamed accused and demanded money from him. When the defacto complainant refused the same, they had taken his gold ring and Rs.10,000/- from his packet. Hence, the case has been registered.

3.The learned counsel appearing for the petitioner would submit that the petitioner's name was not found in the first information report and he was no way connected in this case. He has been falsely implicated. He further submitted that the petitioner is in incarceration from 08.08.2018 onwards. Hence, he prays for grant of bail to the petitioner.

4.The learned Additional Public Prosecutor appearing for the respondent police would submit that totally there are three accused in this case. Based on the confession of A1, this petitioner has https://hcservices.ecourts.gov.in/hcservices/

been implicated. There is no previous case pending against the petitioner. Till now, the stolen properties were not recovered. Hence, he vehemently opposed the grant of bail to the petitioner. 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 deposit a sum of Rs.10,000/- (Rupees ten thousand only) to the credit of Crime No.179 of 2018 before the learned Judicial Magistrate No.I, Thanjavur. (ii) on such deposit, 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 No.I, Thanjavur.

(iii)the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders sd/- 07/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO I, THANJAVUR.

2.THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR AT KUMBAKONAM.

3.THE INSPECTOR OF POLICE, THIRUKATTUPALLI POLICE STATION, THANJAVUR DISTRICT.

4.THE SUPEINTENDENT, CENTRAL PRISON, TRICHY.

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

+1. CC to Mr.A.ARUN PRASAD Advocate SR.No.17172

ORDER

IN CRL OP(MD) No.15378 of 2018 Date :07/09/2018 TK/MMS/SAR.2/07.09.2018/2P-7C https://hcservices.ecourts.gov.in/hcservices/