Sahul Hameed v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.15690 of 2023 1.Sahul Hameed 2.Taideen ... Petitioners/Petitioners/Accused Nos.1 and 2 Vs The State represented by The Inspector of Police, Dindigul Town South Police Station, Dindigul District.

Crime No.166 of 2023.

U/s 399, 402 of IPC ... Respondent/Complainant For Petitioners : Mr.M.Suresh, Advocate For Respondent : Mr.B.Nambiselvan, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.166 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners/Accused Nos.1 and 2 herein, who were arrested on 28.07.2023 for the alleged offence under Sections 399 and 402 of IPC in Crime No.166 of 2023, on the file of the respondent Police, seeks bail.

2.The case of the prosecution that on 28.07.2023 at about 6.30 p.m., When the Sub-Inspector of Police, attached to the respondent Police Station, was in his regular patrol duty near Kudaiparaipatti grave yard, they found the petitioners and other accused were preparing for committing a dacoity. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent and is no way connected with the alleged offences. The petitioner is in judicial custody from 28.07.2023. To wreck vengeance, the petitioners have been falsely implicated in this case. Hence, he prays to release the petitioners on bail.

4. The learned Additional Public Prosecutor would submit that the petitioners are already involved in the offence under Section 302 IPC, which is pending before the Principal District Court, Tirunelveli, for trial. 5.Considering the facts and circumstances of this case and also considering the period of incarceration, this Court is inclined to grant bail to the petitioners with certain conditions.

6.Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail, on executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.III, Dindigul District, and on

further condition that the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/- 04/09/2023 / TRUE COPY / 04/09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU TO 1 THE JUDICIAL MAGISTRATE NO.III DINDIGUL DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

3 THE INSPECTOR OF POLICE DINDIGUL TOWN SOUTH POLICE STATION, DINDIGUL DISTRICT.

4 THE OFFICER INCHARGE, DISTRICT PRISON, DINDIGUL.

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

ORDER

IN CRL OP(MD) No.15690 of 2023 Date :04/09/2023 SS/04/09/2023/3P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023