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Madras High CourtCRL OP(MD)/18447/2018ordered

Kumaresan, v. The Inspector Of Police,

2018-10-12Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twelfth day of October Two Thousand and Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.18447 of 2018 KUMARESAN ... PETITIONER / ACCUSED NO.1 Vs STATE REPRESENTED BY, THE INSPECTOR OF POLICE, DINDIGUL TOWN NORTH POLICE STATION, DINDIGUL DISTRICT.

(CRIME NO.838/2018) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.C.MAYILVAHANA RAJENDRAN, 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 19.09.2018 for the offences punishable under Sections 364(A) and 392 I.P.C. in Crime No.838 of 2018, on the file of the respondent Police. The petitioner is arrayed as Accused No.1. He seeks bail. 2.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondent.

3.It is seen that the de-facto complainant and the petitioner are relatives. The case of the prosecution is that the petitioner and the other accused promised to the de-facto complainant to recover the amount from one Ramar. On 24.08.2018, the de-facto complainant asked the petitioner to come near the Bus stand and he went to the bus stand and he boarded in a van, in which the petitioner and another accused was there. At that time, the petitioner and the other accused snatched his chain and other jewels. Hence the complaint.

4.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and falsely implicated in this case.

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6.Considering the above facts and circumstances and also considering the period of incarceration undergone by 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.II, Dindigul.

(ii)the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders;

sd/- 12/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.II, DINDIGUL.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL.

3.THE OFFICER INCHARGE, DISTRICT PRISON, DINDIGUL.

4.THE INSPECTOR OF POLICE, DINDIGUL TOWN NORTH POLICE STATION, DINDIGUL DISTRICT.

5.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to Mr.C.MAYILVAHANA RAJENDRAN, Advocate, SR.No.19581.

ORDER

IN CRL OP(MD) No.18447 of 2018 Date :12/10/2018 RAM/PN/SAR 4/12.10.2018/2P/7C https://hcservices.ecourts.gov.in/hcservices/