BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eleventh day of October Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S.NAGAMUTHU CRL OP(MD) No.13040 of 2011 M.CHINNARASU ... PETITIONER / ACCUSED NO.1 Vs STATE BY THE INSPECTOR OF POLICE E-2, MATHICHIYAM POLICE STATION, MADURAI DIST IN C.R.NO. 970 OF 2011 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. B.VINOTHKUMAR Advocate For Respondent : M/S. K.S.DURAI PANDY Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is the first accused in Crime No.970 of 2011 on the file of the respondent police for offences under Sections 366, 376 read with 120(b) of IPC. He was arrested on 21.06.2011. He has come forward with this petition seeking bail. 2. The earlier application moved by the petitioner in Crl.OP.(MD) No.11428 of 2011 was dismissed by this Court on 21.09.2011 on merits. But, today the learned counsel for the petitioner would submit that the dismissal itself is not sustainable in law, in this case because the charge sheet has not been filed so far though the statutory period of 90 days had expired long before. 3. The learned Additional Public Prosecutor is not in a position to refute the said legal position. 4. It is needles to point out that if the charge sheet is not filed within 90 days from the date of arrest, then as a matter of right, the petitioner is entitled for bail. 5. In such view of the matter, I am inclined to grant bail to the petitioner, but with stringent conditions:- i) The petitioner shall be enlarged on bail on his 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 Judicial Magistrate, Krishnagiri; and https://hcservices.ecourts.gov.in/hcservices/ ii) the petitioner shall stay at Salem and report before the learned Judicial Magistrate No.I, Salem, everyday at 10.30 a.m., of all working days, until further orders. sd/- 11/10/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE KRISHNAGIRI 2 THE JUDICIAL MAGISTRATE NO.1 SALEM 3 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE SALEM 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 5 THE INSPECTOR OF POLICE E-2, MATHICHIYAM POLICE STATION, MADURAI DIST 6 THE SUPERINTENDENT CENTRAL PRISON, TRICHY +1. CC to M/S. B.VINOTHKUMAR Advocate SR.No.35147 ORDER IN CRL OP(MD) No.13040 of 2011 Date :11/10/2011 SMA/11.10.2011/8C/2P https://hcservices.ecourts.gov.in/hcservices/