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.12969 of 2011 VIJAY @ KAJAMALAI VIJI ... PETITIONER/ACCUSED NO.1 Vs THE STATE REP. BY THE SUB INSPECTOR OF POLICE K.KNAGAR POLICE STATION, TRICHY DISTRICT. CRIME NO.361 OF 2011 ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S.R.M.ANBUNITHI 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 petitioner is arrayed as A1 and he was arrested and remanded to judicial custody on 18.07.2011 for the alleged offence punishable under Sections 147, 148, 447, 448, 294(b), 323, 427 and 506(ii) I.P.C. r/w Section 3 of TNPPDL Act, in Crime No.361 of 2011 on the file of the respondent police and hence, seeks bail. 2. The learned counsel for the petitioner would submit that on the basis of the complaint given by the defacto complainant, a case has been registered in Crime No.361 of 2011 under Sections 147, 148, 447, 448, 294 (b), 323, 427 and 506(ii) I.P.C. r/w Section 3 of TNPPDL Act against five persons and the petitioner is arrayed as A1. He further submitted that A2 to A5 have already been arrested and enlarged on bail. He further submitted that because of the civil dispute between the defacto complainant and the petitioner, a false has been foisted against him and he is in custody for more than 60 days and hence, he prays for enlargement on bail. 3. Refuting the same, the learned Additional Public Prosecutor would submit that on the date of occurrence i.e., on 18.07.2011, the petitioner along with the other accused have entered into the defacto complainant's office and caused damage to the tune of Rs.3,000/- (Rupees Three Thousand only). He fairly conceded that A2 to A5 have already been arrested and enlarged on bail. 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 A2 to A5 have already been arrested and enlarged on bail and the petitioner is in custody for more than 60 days, I am inclined to grant bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 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.3,000/- (Rupees Three Thousand only) to the credit of Crime No.361 of 2011 before the learned Judicial Magistrate, No.II, Trichy; 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, No.II, Trichy; and iii) The petitioner shall report before the learned Judicial Magistrate, No.II, Trichy, 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 NO.II,TRICHY. 2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, TRICHY. 3 THE SUB INSPECTOR OF POLICE, K.K.NAGAR POLICE STATION, TRICHY DIST 4 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC TO M/S.R.M.ANBUNITHI ADVOCATE SR.NO.33546. ORDER IN CRL OP(MD) No.12969 of 2011 Date :28/09/2011 2P/7C RPB : 29.09.2011 https://hcservices.ecourts.gov.in/hcservices/