Mohammed Azarudeen v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Third day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.17220 of 2018 MOHAMMED AZARUDEEN ... PETITIONER / ACCUSED NO.1 Vs STATE REP. BY THE INSPECTOR OF POLICE, TIRUNELVELI TOWN POLICE STATION, TIRUNELVELI CITY, CRIME NO.284/2018 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.ANAND Advocate For Respondent : MR.V.NEELAKANDAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is in judicial custody since 29.08.2018 for the offences punishable under Sections 417, 418 and 420 of IPC, in Crime No.284 of 2018 on the file of the respondent police. He seeks bail. 2.The case of the prosecution is that the petitioner colluded with the other accused pledged fake jewels to the tune of Rs.18,34,837/- in the Intel Money Bank and cheated the bank. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner has been falsely implicated in this case. He would further submit that the petitioner is in judicial custody from 29.08.2018 onwards. He would also submit that co- accused in this case were granted bail by the learned Principal Sessions Judge, Tirunelveli. Hence, he prays for grant of bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that the petitioner along with the other accused pledged fake jewels in the bank and cheated the bank and that the investigation is not yet completed.

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5.Considering the above facts and circumstances and also the fact that co- accused were granted bail by the learned Principal Sessions Judge, Tirunelvelli and also considering the period of incarceration of the petitioner, this Court is inclined to grant bail to the petitioner. 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.IV, Tirunelveli District (ii)the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders;

sd/- 23/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.IV, TIRUNELVELI DISTRICT.

2 -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

3 THE INSPECTOR OF POLICE, TIRUNELVELI TOWN POLICE STATION, TIRUNELVELI CITY.

4 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.

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

+1. CC to M/S.R.ANAND Advocate SR.No.20041

ORDER

IN CRL OP(MD) No.17220 of 2018 Date :23/10/2018 JM/PN/SAR 1/23.10.2018/2P/7C https://hcservices.ecourts.gov.in/hcservices/