Mohammed Ashar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/06/2022 PRESENT THE HON`BLE MRS.JUSTICE R.THARANI MOHAMMED ASHAR ... PETITIONER/ACCUSED NO.8 VS THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, COMMERCIAL CRIME INVESTIGATION WING POLICE STATION MADURAI CITY, MADURAI DISTRICT.

(CRIME NO. 1 OF 2022.) ... RESPONDENT/COMPLAINANT FOR PETITIONER : MR.M.BAZEERDEEN, ADVOCATE.

FOR RESPONDENT : MR.E.ANTONY SAHAYA PRABAHAR, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 1 of 2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Accused No.8, who was arrested and remanded to judicial custody on 14.05.2022 for the offences punishable under Sections 406, 409, 420, 468, 471, 477(A) r/w 120(B) IPC in Crime No.1 of 2022, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner aided the other co-accused in creating forged documents and also aided them in falsification of accounts. Hence, the present complaint. 3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this 1/3

case. The amount alleged to have been misappropriated by A7 and A8 is only Rs.10,103.84 and that A7 has already deposited the amount in Court. He would also submit that the petitioner is in judicial custody from 14.05.2022, hence, he seeks bail.

4. The learned Additional Public Prosecutor would submit that the petitioner has misappropriated a sum of Rs.10,103.84 and hence, he opposes this bail application.

5.Considering the facts and circumstances of the case and taking into consideration the period of incarceration, this Court is inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on his executing a personal 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.III, Madurai, Madurai District and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/- 02/06/2022 / TRUE COPY / 02/06/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

vsm/mga TO

1. THE JUDICIAL MAGISTRATE NO.III, MADURAI, MADURAI DISTRICT.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3. THE SUPERINTENDENT, THE CENTRAL PRISON, MADURAI DISTRICT.

4. THE INSPECTOR OF POLICE, COMMERCIAL CRIME INVESTIGATION WING POLICE STATION MADURAI CITY, MADURAI DISTRICT.

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5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1cc to M/S.M.BAZEERDEEN,Advocate, SR.No. 24233 DATED:02.06.2022

ORDER

IN CRL OP(MD) No.9699 of 2022 Date :02/06/2022 GC/RJ/SAR-3(03.06.2022) 3P 7C 3/3