Vetrivel v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Vetrivel ... Petitioner/Accused 2 Vs The Inspector of Police, Krishnankovil Police Station, Virudhunagar District, (Crime No.90/2023).
... Respondent/Complainant For Petitioner : M/s. HAROON RASHEED.D.S, For Respondent : Mr.B.NAMBISELVAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.90 of 2023 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/Accused herein, who was arrested on 17.06.2023 for the alleged offence under Sections 379, 201 IPC, in Crime No.90 of 2023, on the file of the respondent police, seeks bail.
2.The case of the prosecution is that on 08.06.2023 at about 10.30p.m., the 1/4
defacto complainant's two wheeler, worth about Rs.30,000/- was found missing. Hence, the complaint. On investigation, it reveals that the accused persons had stolen the vehicle, removed the spare parts and sold the same for gain. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and not committed any offence as alleged by the prosecution. He has been implicated in this case, since he happens to be the friend of A1. He is in judicial custody from 17.06.2023. Hence, prays for bail. 4.The learned Additional Public Prosecutor submitted that though the petitioner is not having any previous case at his credit, he along with the other accused committed theft and removed the spare parts and sold the same. Hence, prays to dismiss the petition.
5.Considering the facts and circumstances of the case, nature of overt act attributed against the petitioner and considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with stringent conditions.
6.Accordingly, this Criminal Original Petition is allowed on condition that the petitioner shall deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand only) to the credit of Cr.No.90 of 2023 before the trial Court concerned, without prejudice to his rights and contentions before the trial Court. The defacto complainant is 2/4
permitted to withdraw the said deposit amount being made by the petitioner, as per rules.
7.On such deposit being made, the petitioner is ordered to be released on bail, on 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.II, Srivilliputhur, on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders. sd/- 28/07/2023 / TRUE COPY / 28/07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
PNM TO 1THE JUDICIAL MAGISTRATE NO.II, SRIVILLIPUTHUR.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3 THE OFFICER INCHARGE, SUB JAIL, SRIVILLIPUTHUR.
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4 THE INSPECTOR OF POLICE, KRISHNANKOVIL POLICE STATION, VIRUDHUNAGAR DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.13884 of 2023 Date :28/07/2023 SA/SAR. /28.07.2023/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4