Mohan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the First day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.12155 of 2015 MOHAN ... PETITIONER(S) / ACCUSED 2 Vs STATE REP BY: THE INSPECTOR OF POLICE COURTALLAM POLICE STATION, TIRUNELVELI DISTRICT, CRIME NO.185 OF 2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.ALAGUSUNDAR Advocate For Respondent : Mr.K.V.RAJARAJAN, Government Advocate(Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner/A2, who was remanded to judicial custody by the respondent police on 14.06.2015 for the alleged offence under Section 379 IPC in Crime No.185 of 2015 on the file of the respondent police, seeks bail.

2. According to the defacto complainant, the accused stolen his vehicle namely, Ashok Leyland Dost bearing registration No. TN 76 AB1840 worth of Rs.5 lakhs.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. It is further submitted that according to the prosecution the first accused has committed theft and the vehicle was recovered from the first accused. The first accused was arrested and released on bail. The learned counsel further submitted that according to the prosecution the petitioner/A2 has made duplicate key to take the vehicle from the custody of the defacto complainant. 4.The learned Government Advocate (Crl.side) submitted that the first accused was arrested and released on bail and the vehicle was recovered and the petitioner has no bad antecedents.

5. Considering the facts and circumstances of the case, I am inclined to enlarge the petitioner on bail on the following conditions. Accordingly, the petitioner is directed to be released on bail on 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, Shenkottai, https://hcservices.ecourts.gov.in/hcservices/

Tirunelveli District, and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m until further orders.

ses sd/- 01/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE SHENKOTTAI NELLAI DIST 2 THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI 3 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE SUPERINTENDENT, CENTRAL PRISON PALAYAMKOTTAI 5 THE INSPECTOR OF POLICE COURTALLAM POLICE STATION, TIRUNELVELI DISTRICT +1. CC to M/S.S.ALAGUSUNDAR Advocate SR.No.35233 DM 1 7 15 ORDER IN CRL OP(MD) No.12155 of 2015 Date :01/07/2015 2P:7C https://hcservices.ecourts.gov.in/hcservices/