BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Eighth day of September Two Thousand Eleven PRESENT THE HON`BLE MS.JUSTICE R.MALA CRL OP(MD) No.12968 of 2011 PALPANDI ... PETITIONERS/ACCUSED Vs STATE REP. BY ITS THE SUB-INSPECTOR OF POLICE PALANICHATTIPATTI POLICE STATION, THENI TALUK AND DISTRICT. CR.NO.340 OF 2010. ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S.R.VIJAYAKUMAR ADVOCATE FOR RESPONDENT : MR.A.RAMAR ADDITIONAL PUBLIC PROSECUTOR PETITION FOR BAIL UNDER SEC.439 CR.P.C. ORDER : THE COURT MADE THE FOLLOWING ORDER :- The petitioners is arrayed as an accused and he was arrested and remanded to judicial custody on 14.09.2011 for the alleged offence punishable under Section 3(1) of TNPPDL Act, in Crime No.340 of 2011 on the file of the respondent police and hence, seek bail. 2. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that he has nothing to do with the alleged commission of offence and the petitioner is in custody from 14.09.2011 and hence, he prays for enlargement on bail. 3. Refuting the same, the learned Additional Public Prosecutor would submit that because of the Paramakudi incidence, the occurrence has been taken place on 12.09.2011. He further submitted that when the defacto complainant driving the vehicle, the petitioner has pelted the stone towards on the bus, thereby, the front mirror was damaged and the value of the damage is worth about Rs.5,000/- (Rupees Five Thousand only). He further submitted that the investigation is going on and hence, he prays for dismissal of this application. 4. Considering the facts and circumstances of the case and also considering the fact that because of the Paramakudi incidence on 11.09.2011, the occurrence has been taken place on 12.09.2011 and the alleged nature of the offence, I am inclined to grant bail to the petitioner. 5. Accordingly, the petitioner is ordered to be released on bail, subject to the following stringent conditions:- (i) The petitioner shall deposit a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of Crime No.340 of 2011 before the learned Judicial Magistrate, Theni; https://hcservices.ecourts.gov.in/hcservices/ ii) On such deposits 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, Theni; and iii) The petitioner shall report before the learned Judicial Magistrate, Theni, daily at 10.30. a.m. until further orders. sd/- 28/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE, THENI. 2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, THENI. 3 THE SUB-INSPECTOR OF POLICE PALANICHATTIPATTI POLICE STATION, THENI TALUK AND DISTRICT. 4 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC TO M/S.R.VIJAYAKUMAR, ADVOCATE SR.NO.33718. ORDER IN CRL OP(MD) No.12968 of 2011 Date :28/09/2011 2P/7C RPB : 29.09.2011 https://hcservices.ecourts.gov.in/hcservices/