Senthilmurugan v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirteenth day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.9095 of 2016 SENTHILMURUGAN ... PETITIONER / SOLE ACCUSED Vs THE STATE REPRESENTED BY THE SUB INSPECTOR OF POLICE CHINNALAPATTI POLICE STATION, DINDIGUL DISTRICT.

(CRIME NO. 513 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S D.BALAMURUGAPANDI 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 is arrayed as sole accused, who was arrested and remanded to judicial custody on 22.11.2015 for the alleged offences punishable under Sections 392 r/w 397 of IPC, in Crime No.513 of 2015, on the file of the respondent police and hence, seeks bail. 2.The case of the prosecution is that the petitioner made a life threat to one Arokiyadoss and snatched his chain weighing 1 1⁄4 sovereigns. On complaint, case has been registered for the above said offences.

3.The case of the petitioner is that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. The respondent police falsely implicated the petitioner under Act 14 of 1982 and the detention order was passed against the petitioner. This Court, by the order dated, 17.05.2016 setting aside the order of detention in H.C.P.(MD)No.73 of 2016. The petitioner is in judicial custody for more than 200 days. 4.The learned Government Advocate(Crl.side) submitted that the petitioner is having 5 previous cases and in this case, charge sheet has been filed and it was taken on file in P.R.C.No.6 of 2016 before the learned Judicial Magistrate No.III, Dindigul. If the petitioner is enlarged on bail, he will indulged in similar offences and prayed for dismissal of the bail petition.

5.Considered the rival submissions.

6.It is seen that the petitioner was detained under Act 14 of 1982 and this Court by the Order dated, 17.05.2016 set aside the order of detention in H.C.P.(MD)No.73 of 2016 and the petitioner is in judicial custody from 22.11.2015.

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7.Considering the facts and circumstances of the case and also considering the fact that the petitioner is in judicial custody from 22.11.2015 and also the charge sheet has been filed in P.R.C.No.6 of 2016, this Court is inclined to enlarge the petitioner on bail with certain conditions. Accordingly, the petitioner is ordered to be released on bail on 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 No.3, Dindigul and on further condition that the petitioner shall appear before the learned Judicial Magistrate No.3, Dindigul daily at 10.30 a.m., until further orders.

sd/- 13/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.3, DINDIGUL 2 -DO-THRO THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL 3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI 4 THE SUB INSPECTOR OF POLICE CHINNALAPATTI POLICE STATION, DINDIGUL DISTRICT.

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

+1. CC to M/S D.BALAMURUGAPANDI Advocate SR.No.29685 sm:ARK-PV:SAR I:14.06.2016:2P/7C

ORDER

IN CRL OP(MD) No.9095 of 2016 Date :13/06/2016 https://hcservices.ecourts.gov.in/hcservices/