Rajapandi @ Vickramaraja v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Fifth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.17074 of 2018 RAJAPANDI @ VICKRAMARAJA ... PETITIONER / SINGLE ACCUSED Vs STATE REP. BY THE INSPECTOR OF POLICE THANJAVUR WEST POLICE STATION, THANJAVUR.

(CR.NO.55/2018) ... RESPONDENT / COMPLAINANT For Petitioner : MR.P.SAMUEL GUNASINGH Advocate For Respondent : MR.V.NEELAKANAN, 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 28.07.2018 for the offences punishable under Section 379 of IPC, in Crime No.55 of 2018 on the file of the respondent police. He seeks bail. 2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent. 3.The case of the prosecution is that on 08.02.2018, the car bearing Registration No.TN 49 BC 3195 was found missing. Hence the complaint.

4.The learned counsel for the petitioner submits that the petitioner was illegally detained by the respondent police on 20.07.2018 itself. Hence, Habeas Corpus Petition in H.C.P.(MD). No.1091 of 2018 was filed before this Court. Thereafter, the respondent remanded the petitioner into judicial custody on 28.07.2018. He further submits that the petitioner is an innocent person and he never involved in any crime. Therefore, he sought for bail.

https://hcservices.ecourts.gov.in/hcservices/

5.The learned Additional Public Prosecutor submits that the petitioner is having two previous cases similar in nature and the car is not recovered from the petitioner till date. 6.Admittedly, the car has not been recovered from the petitioner till date. As such considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner, so that the respondent can recover the stolen goods from 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 No.I, Thanjavur.

(ii)the petitioner shall appear before the respondent police daily at 10.30 a.m. for a period of two weeks. sd/- 25/09/2018 / 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 -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR AT KUMBAKONAM. 3 THE INSPECTOR OF POLICE, THANJAVUR WEST POLICE STATION, THANJAVUR .

4 THE SUPERINTENDENT, CENTRAL JAIL, TRICHY.

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

+1. CC to M/S.P.SAMUEL GUNASINGH Advocate SR.No.18229

ORDER

IN CRL OP(MD) No.17074 of 2018 Date :25/09/2018 https://hcservices.ecourts.gov.in/hcservices/ JM/VR MMS/SAR 2/25.09.2018/2P/7C