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Madras High CourtCRL OP(MD)/9296/2018granted

Mohammed Ali Jina @ Jina v. The Inspector Of Police

2018-06-08Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Eighth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.9296 of 2018 MOHAMMED ALI JINA @ JINA ... PETITIONER / ACCUSED No.2 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE TOWN WEST POLICE STATION, DINDIGUL CRIME No.325 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.V.KARUNA Advocate For Respondent : Mr.A.P.G.OHM CHAIRMA PRABHU Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is arrayed as an accused. He was arrested and remanded to judicial custody on 13.05.2018 for the offences punishable under Sections 392, 397 and 506 (ii) IPC, in Crime No.325 of 2018 on the file of the respondent police. He seeks bail. 2.The learned counsel appearing for the petitioner submitted that petitioner is an innocent person and that the petitioner has not committed any offence as alleged by the prosecution and prays for bail in favour of the petitioner.

3.The learned Government Advocate (Criminal Side) submitted that there is no previous case against the petitioner. 4.Taking note of the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail with certain conditions. Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions;

(i) 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.1, Dindigul.

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(ii)the petitioner is directed to appear before the respondent police as and when required for interrogation. (iii)the petitioner shall not abscond.

(iv)on breach of any of the aforesaid conditions, the Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005) AIR SCW 5560].

sd/- 08/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.1 DINDIGUL 2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL 3 THE INSPECTOR OF POLICE TOWN WEST POLICE STATION, DINDIGUL 4 THE OFFICER INCHARGE DISTRICT PRISON, DINDIGUL 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.V.KARUNA Advocate SR.No.9938 +1 CC TO Mr. C.BHARATHI , Advocate, Sr.No. 9923 TA JAM/08/06/2018/ PN/VK / 2P-8C

ORDER

IN CRL OP(MD) No.9296 of 2018 Date :08/06/2018 https://hcservices.ecourts.gov.in/hcservices/