M.Sheik Mohamed Yasin v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/04/2024 PRESENT THE HON`BLE MR.JUSTICE B.PUGALENDHI M.Sheik Mohamed Yasin S/o Jaheer Hussain, 3rd Street, Bharathi Nagar, Reserve Line, Sivakasi East, Virudhunagar District.
... Petitioner Vs The Inspector of Police, East Police Station, Sivakasi, Virudhunagar District.
Crime No. 321 of 2023.
... Respondent For Petitioner : M/s.Raja Mohamed .A, Advocate.
For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
1/5
PRAYER :- For Bail in Crime No.321 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner, who was arrested on 16.08.2023 for the alleged offence under Sections 397, 302 IPC @ 397, 302, 201 of IPC in Crime No.321 of 2023, on the file of the respondent police, seeks bail.
2.The case of the prosecution is that the defacto complainant, the husband of one Sheelarani has lodged a complaint on 04.08.2023 that his wife was found missing. On investigation, the respondent police found that the said Sheelarani and the petitioner are known to each other. Since the petitioner was facing financial issues, he approached the said Sheelarani and during their conversation, Sheelarani refused to give her gold chain to the petitioner and therefore, the petitioner has murdered her; threw her body into the Well; took away the chain worth about Rs.1,18,200/-; mortgaged the jewels in a Muthoot Finance Company, Sivakasi and thereby cleared all his debts.
3.The learned counsel for the petitioner submits that the the petitioner has not involved in any such offence as alleged by the prosecution and he was not 2/5
present in the scene of occurrence. He has been falsely implicated in this case. 4.The learned Additional Public Prosecutor appearing for the respondent submits that it is a murder for gain. Based on the call details, the petitioner was arrested on 16.08.2023. Now, the investigation in this case has been completed and a charge sheet has been laid before the Fast Track Mahila Court, Srivilliputhur in SC.No.273 of 2023.
5. Considering the facts and circumstances of this case and considering the period of incarceration, this Court is inclined to grant bail to the petitioner with some stringent conditions.
6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail on the following conditions:- i) The petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the learned Fast Track Mahila Judge, Srivilliputhur. 3/5
ii) The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address;
iii) The petitioner shall report before the Fast Track Mahila Court, Srivilliputhur. daily at 10.30 a.m., until further orders. The petitioner has to co-operate for the trial.
iv) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioner shall be available for the trial as well. v) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the bail. sd/- 22/04/2024 / TRUE COPY / 22/04/2024 Sub-Assistant Registrar (VIGILANCE ) Madurai Bench of Madras High Court, Madurai - 625 023.
vrn 4/5
TO 1.THE FAST TRACK MAHILA JUDGE, SRIVILLIPUTHUR. 2.THE OFFICER IN CHARGE, DISTRICT PRISON, VIRUDHUNAGAR. 3.THE INSPECTOR OF POLICE, EAST POLICE STATION, SIVAKASI, VIRUDHUNAGAR DISTRICT 4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.A.RAJA MOHAMED, Advocate ( SR-4672[I] dated 22/04/2024 )
ORDER
IN CRL OP(MD) No.6177 of 2024 Date :22/04/2024 RK/ (22/04/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5