Irumporai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fourth day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH CRL OP(MD) No.17668 of 2018 IRUMPORAI ... PETITIONER / ACCUSED NO.3 Vs STATE REP. BY THE INSPECTOR OF POLICE, THIRUVEGAMPATHUR POLICE STATION, THIRUVEGAMPATHUR, SIVAGANGAI DISTRICT.

(IN CR NO. 3 OF 2012) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.P.KRISHNAVENI 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 apprehends arrest at the hands of the respondent police for the offences punishable under Sections 324 I.P.C and Section 3 of Tamil Nadu Property (Prevention of Damage and Loss) Act, in Crime No.3 of 2012. He seeks bail.

2.The learned counsel for the petitioner would submit that the petitioner is arrayed as Accused No.3 and he is facing trial for the offence under Section 324 of I.P.C r/w Section 3 of TNPPDL Act. The petitioner did not appear before the court below at the time of hearing and therefore, Non Bailable Warrant was issued against the petitioner on 01.09.2018 by the court below. Thereafter, the petitioner was secured by the respondent police on 25.09.2018 and since then he has been in confinement.

3.The learned Government Advocate (Criminal Side) would submit that there are totally four accused in this case. Even though, the final report was filed in the year 2012, there is no progress in this case.

4.In the facts and circumstances of the case, this Court deems it fit to grant bail to the petitioner subject to certain conditions:

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(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 Sessions Judge, Fast Track Mahila Court, Sivagangai District. (ii)the petitioner shall appear before the learned Sessions Judge, Fast Track Mahila Court, Sivagangai District, on Monday and Friday at 02.00.pm., till the completion of the case in S.C.No.90 of 2012, apart from the regular hearing dates. 5.It is seen that the case is pending from the year 2012 onwards, therefore, there shall be a direction to the learned Sessions Judge, Fast Track Mahila Court, Sivagangai District, to take up the case in S.C.No.90 of 2012 on a day to day basis and complete the proceedings within a period of three months from the date of receipt of copy of this order.

sd/- 04/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SESSIONS JUDGE, FAST TRACK MAHILA COURT, SIVAGANGAI DISTRICT. 2 THE INSPECTOR OF POLICE, THIRUVEGAMPATHUR POLICE STATION, THIRUVEGAMPATHUR, SIVAGANGAI DISTRICT.

3 THE OFFICER INCHARGE, SUB-JAIL, SIVAGANGAI, SIVAGANGAI DISTRICT.

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

+1. CC to M/S.P.KRISHNAVENI Advocate SR.No.18848

ORDER

IN CRL OP(MD) No.17668 of 2018 Date :04/10/2018 JM/PN/SAR 1/04.10.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/