BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twentieth day of May Two Thousand Eleven PRESENT THE HON`BLE MR.JUSTICE A.SELVAM CRL OP(MD) No.6144 of 2011 1 STALIN @ STALIN AROCKIYARAJ 2 IBRAHIM @ SYED IBRAHIM 3 RAJ @ RAMASAMY ... PETITIONERS/ACCUSED NOS.1 TO 3 Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE KABISTHALAM POLICE STATION, KABISTHALAM. CR NO. 23/2011 ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S.A.RAHUL ADVOCATE FOR RESPONDENT : MR.K.MAHENDRAN GOVT. ADVOCATE ( CRL. SIDE) PETITION FOR BAIL UNDER SEC. 439 CR.P.C. ORDER : THE COURT MADE THE FOLLOWING ORDER :- This petition has been filed praying to enlarge the petitioners on bail. 2. The case of the prosecution is that the occurrence has taken place on 20.01.2011 and from the place of occurrence the petitioners have stealthily removed idols and thereby committed offences under Sections 457 and 380 of the Indian Penal Code. 3. It is represented on the side of the petitioners that the petitioners are innocent persons and they have been falsely implicated in the present case and they have been arrested and remanded to judicial custody on 28.01.2011 and since then they are in duress. Under the said circumstances the present petition has been filed for getting the relief sought for therein. 4. The learned Government Advocate (Criminal side) has submitted the entire Case Diary for the perusal of the Court and the Court has perused the same and found that a case has been registered against the petitioners in Crime No.23 of 2011 under the said sections. Further it is seen from the case Diary that even though the present petitioners have been arrested on 28.01.2011, investigation has not yet been completed. 5. The learned counsel appearing for the petitioners has contended that the petitioners have been arrested and remanded to judicial custody on 28.01.2011 and even after statutory period of 60 days, the respondent has not filed final report. Under the said circumstances, the petitioners are entitled to get statutory bail. https://hcservices.ecourts.gov.in/hcservices/ 6. As stated earlier, the present petitioners have been arrested on 28.01.2011. As rightly pointed out on the side of the petitioners, no final report has been filed against the petitioners so far and since no final report has been filed against the petitioners so far and since they have been arrested and remanded to custody on 28.01.2011, the petitioners are entitled to get statutory bail and therefore, the present petition can be allowed. 7. In fine, this petition is allowed and the petitioners will be released on bail on each executing a bond to the tune of Rs.5,000/- (Rupees five thousand only) and two sureties each for the likesum to the satisfaction of the learned Additional Chief Judicial Magistrate, Kumbakonam. sd/- 20/05/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE, KUMBAKONAM. 2. THE SUPERINTENDENT, CENTRAL PRISON, TRICHY. 3. THE INSPECTOR OF POLICE KABISTHALAM POLICE STATION, KABISTHALAM. 4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC TO M/S.A.RAHUL ADVOCATE SR.NO.16854. ORDER IN CRL OP(MD) No.6144 of 2011 Date :20/05/2011 2P/6C RPB 25.05.2011 https://hcservices.ecourts.gov.in/hcservices/