Venkatesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/09/2022 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN Venkatesh ... Petitioner/Accused Vs The State Rep. By, The Inspector of Police, Shencottai Police Station, Tenkasi District.

Crime No. 260/2022.

... Respondent/Complainant For Petitioner : M/s.Ramanathan.B, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 260 of 2022 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/Sole Accused herein, who was arrested on 03.09.2022 for the alleged offence under Section 3 of TNPPDL Act in Crime No.260 of 2022, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the defacto complainant is working as a Supervisor in Public Works Department, Shencottai Municipality. They have put up many CCTV cameras in the town area. On 02.09.2022 at about 6.30 p.m., the defacto complainant received an information that the CCTV camera installed near the Government Higher Secondary School was found to be damaged. On enquiry it reveals that this accused person has damaged the above said CCTV camera. On that basis complaint has been lodged by the defacto complainant. On receipt of complaint the petitioner was arrested on 03.09.2022 and remanded in judicial custody.

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3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution.

4.The learned Additional Public Prosecutor submitted that due to mental illness the petitioner has committed this offence and caused damages worth about Rs.7,500/-.

5.The learned Counsel for the petitioner submitted that the petitioner has not taken any treatment for the alleged mental illness and the petitioner is having no bad antecedents. He is a daily cooly worker. He is ready to deposit Rs.7,500/- (Rupees Seven Thousand and Five Hundred only) to the credit of crime number before the trial Court.

6.Considering the period of incarceration and the petitioner is having no bad antecedents and his willingness to deposit a sum of Rs.7,500/- (Rupees Seven Thousand and Five Hundred Only) to the credit of crime number before the trial Court, this Court is inclined to grant bail to the petitioner on condition of payment. 7.Accordingly, the petitioner is directed to deposit a sum of Rs.7,500/- (Rupees Seven Thousand and Five Hundred only) to the credit of Crime Number 260 of 2022, before the trial Court concerned, without prejudice to his rights and contentions before the trial Court.

8.On such deposit being made, the petitioner is ordered to be released on bail, on executing a personal 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, Shencottai, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/- 09/09/2022 / TRUE COPY / 09/09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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TO

1. THE JUDICIAL MAGISTRATE, SHENCOTTAI.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3. THE OFFICER-INCHARGE, SUB-JAIL, TENKASI.

4. THE INSPECTOR OF POLICE, SHENCOTTAI POLICE STATION, TENKASI DISTRICT.

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

+1 CC to M/s.B.RAMANATHAN, Advocate ( SR-9825[I] dated 09/09/2022 )

ORDER

IN CRL OP(MD) No.16324 of 2022 Date :09/09/2022 tm USK/VR/SAR-III/09.09.2022/3P/7C 3/3