1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighteenth day of August Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.10037 of 2011 MURUGAN @ SURENDRAN .. PETITIONER/SOLE ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE ASARIPALLAM, NAGERCOIL, KANYAKUMARI DISTRICT, CRIME NO.229/2011 .. RESPONDENT/COMPLAINANT For Petitioner : M/S. M.MARAN 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 sole accused and he was arrested and remanded to judicial custody on 18.06.2011 for the alleged offences punishable under Section 436 of IPC in Crime No.229 of 2011 on the file of the respondent police and hence, seeks bail. 2.The learned counsel for the petitioner would submit that the petitioner is an innocent person and a false case has been foisted against him under Section 436 of IPC stating that on 17.06.2011 at 11 p.m, the lorry bearing Registration No.T.N 01 X 2969 caught fire, which was parked inside of the TASMAC godown and at that time, the de-facto complainant and other lorry drivers were doused the fire but the petitioner has not doused the fire and investigation is considerably over and he was arrested and remanded to judicial custody on 18.06.2011 and hence, he prays for enlargement on bail. 3.The learned Additional Public Prosecutor would submit that the petitioner was directed to unload the TASMAC liquor bottles but he has refused to do the same and there is a motive for the petitioner to commit https://hcservices.ecourts.gov.in/hcservices/ 2 the offence. He further submitted that on 17.06.2011, the lorry has been caught fire which was parked inside the TASMAC godown and except the petitioner, others put off the fire and the petitioner has not shown any interest to douse the fire and therefore, he was suspected and a complaint has been given against the petitioner and the case has been registered in crime No.229 of 2011 and he was arrested and remanded to judicial custody and investigation is going on and the value of damage worth about Rs.4 lakhs and hence, he prays for dismissal of this application. 4.Considering the rival submissions made by either side that admittedly on 17.06.2011, at 11 p.m the lorry bearing Registration No.TN 01 X 2969 loaded with 150 boxes containing liquor bottles caught fire and it was doused by the lorry drivers except the petitioner and except this, there is no evidence to show that the petitioner was set fire and he was arrested on 18.06.2011 and investigation is considerably over, I am inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released 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 learned Judicial Magistrate No.1, Nagercoil, Kanyakumari District, and on further condition that the petitioner shall appear before the concerned Magistrate daily at 10.30 a.m until further orders. sd/- 18/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.1, NAGERCOIL, KANYAKUMARI DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI AT NAGERCOIL 3 THE OFFICER INCHARGE, DISTRICT JAIL, NAGERCOIL 4 THE INSPECTOR OF POLICE, ASARIPALLAM, NAGERCOIL, KANYAKUMARI DISTRICT 5 THE PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. M.MARAN Advocate SR.No.28066 ORDER IN CRL OP(MD) No.10037 of 2011 Date :18/08/2011 TR : 18.08.2011: 2p/7c https://hcservices.ecourts.gov.in/hcservices/