R.Suriya v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1.R.Suriya

2.P.Maruthupandiyan

3.G.Ajay

... Petitioners/Accused Rank Nos.1 to 3

Vs The State rep.by, The Inspector of Police, Nachiyarkoil Police Station, Thanjavur District. Crime No.540 of 2023. ... Respondent/Complainant For Petitioners : Mr.R.L.Dhilipan Pandian, Advocate For Respondent : Mr.B.Nambiselvam,

Additional Public Prosecutor

PETITION FOR BAIL Under Sec.439 of Cr.P.C. PRAYER :- For Bail in Crime No.540 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners/Accused Nos.1 to 3 herein, who were arrested on 13.07.2023 for the alleged offence under Sections 379 of IPC in Crime No.540 of 2023, on the file of the respondent Police, they seeks bail.

2.The case of the prosecution is that on 12.07.2023 the petitioners alleged to have stolen the two cell phones, which were kept by the defacto complainant in his two wheeler. Hence, the complaint.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution.

4.The learned Additional Public Prosecutor submitted that there is no previous case pending against the petitioners and the properties have been recovered.

5.Considering the facts and circumstances of this case and also considering the period of incarceration, no previous case is pending against the petitioners and the properties have been recovered, this Court is inclined to grant bail to the petitioner with stringent conditions.

6.Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail, on executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Kumbakonam, Thanjavur District and on further condition that the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/-

24/08/2023

/ TRUE COPY /

24/08/2023

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023. indu TO

¶1THE JUDICIAL MAGISTRATE NO.II, KUMBAKONAM, THANJAVUR DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR @ KUMBAKONAM.

¶3THE OFFICER IN CHARGE, SUB JAIL, KUMBAKONAM, THANJAVUR DISTRICT.

¶4THE INSPECTOR OF POLICE, NACHIYARKOIL POLICE STATION, THANJAVUR DISTRICT.

¶5THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.15405 of 2023 Date :24/08/2023

RK (24/08/2023) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023