This criminal original petition for bail was filed by Petitioner, arrayed as sole accused in offences under Sections 341, 294(b) IPC read with Section 3 TN PPD Act. Court granted bail subject to deposit of damages and security bond.
Petitioner released on bail on deposit Rs.14,000/- and executing bond for Rs.5,000/- with two sureties.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Monday, the Twelfth day of December Two Thousand Sixteen
PRESENT
The Hon`ble Mr.Justice A.SELVAM
CRL OP(MD) No.23194 of 2016
PRATHEEP DHINAKARAN ..PETITIONER/SOLE ACCUSED Vs. STATE REP.BY
THE INSPECTOR OF POLICE TUTICORIN SOUTH POLICE STATION, TUTICORIN, TUTICORIN DISTRICT. (CRIME NO.1352 OF 2016) ..RESPONDENT/COMPLAINANT
For Petitioner : M/S.S.MUTHALRAJ Advocate
For Respondent : Mr.P.KANDASAMY, Government Advocate (Crl.Side)
PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :-
This Criminal Original Petition has been filed under Section 439 of the Code of Criminal Procedure, 1973 praying to enlarge the petitioner on bail.
2.It is averred in the petition that the petitioner has been arrayed as sole accused in Crime No.1352 of 2016 on the file of Tuticorin South Police Station and further it is averred in the petition that the petitioner is said to have committed offences punishable under Sections 341, 294(b) of the Indian Penal Code read with Section 3 of T.N.P.P.D.L. Act and from 03.12.2016, he is in duress. Under the said circumstances, the present petition has been filed for getting the relief sought therein.
3.The learned counsel appearing for the petitioner has advanced his argument on the basis of the averments made in the petition.
4.The learned Government Advocate (Criminal side) has represented that in drunken mood the petitioner has caused damage to four wheelers and under the said circumstances he has been arrested and remanded to custody on 03.12.2016. Further it is represented on the side of the respondent that the damage caused by the petitioner is worth of Rs.14,000/-.
5.The learned counsel appearing for the petitioner has undertaken to deposit the said amount in the concerned Judicial https://hcservices.ecourts.gov.in/hcservices/ Magistrate's Court.
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6.Considering the aforesaid factual circumstances and also the assurance given on the side of the petitioner, this Court is of the view to grant bail to the petitioner subject to the following conditions.
7.In fine, this petition is allowed and the petitioner will be released on bail on depositing Rs.14,000/- (Rupees fourteen thousand only) in Crime No.1352 of 2016, Tuticorin South Police Station in the Judicial Magistrate's Court No.I, Tuticorin. Further it is directed that petitioner should execute 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 Judicial Magistrate No.I, Tuticorin.
sd/-
12/12/2016
/ TRUE COPY /
TO 1 THE JUDICIAL MAGISTRATE NO.I, THOOTHUKUDI.
+1. CC to M/S.S.MUTHALRAJ Advocate SR.No.80545 ORDER IN
CRL OP(MD) No.23194 of 2016 Date :12/12/2016 PBK/CK/SAR-III 12/12/2016 ::2P-7C:
1 issue framed by the court
Whether the petitioner is entitled to bail under Section 439 Cr.P.C. in offences for causing damage to property in a drunken state.
3 provisions across 3 enactments
PRATHEEP DHINAKARAN
STATE
A. SELVAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
