K.Sudalai v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN K.Sudalai, ... Petitioner/Accused No.2 Vs State Rep.by The Inspector of Police, Thatchanallur Police Station, Tirunelveli District, Crime No.130/2023.
... Respondent/Complainant For Petitioner : M/s.Thirumurugan.T., 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.130/2023 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/Accused No.2 herein, who was arrested on 17.03.2023 for the alleged offences under Sections 420 of IPC, in Crime No.130 of 2023, on the file of 1/4
the respondent police, seeks bail.
2.The case of the prosecution is that the petitioner and other accused forged Aadhaar Card and other records of the defacto complainant and opened the Bank Account in the name of the defacto complainant and her husband by impersonation from the District Central Co-operative Bank, Vannarpettai and availed loan of Rs.3,00,000/- and thereby, cheated the defacto complainant. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution.
4.The learned Additional Public Prosecutor submitted that investigation is still pending. He would submit that the first accused appeared before the respondent police. At that time, he made statement that he will settle the issue. 5.Considering the period of incarceration, this Court is inclined to grant bail to the petitioner with stringent conditions. However, considering the manner in which the petitioner is involved in the commission of offence, this Court is inclined to allow this petition on payment of cost.
6.Accordingly, this Criminal Original Petition is allowed on condition that the petitioner shall deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) to the credit of Cr.No.130 of 2023 before the trial Court concerned, without prejudice to 2/4
his rights and contentions before the trial Court. 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.IV, Tirunelveli and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders. sd/- 05/09/2023 / TRUE COPY / 05/09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TM TO THE JUDICIAL MAGISTRATE NO.IV TIRUNELVELI.
DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, THIRUNELVELI DISTRICT.
THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.
3/4
THE INSPECTOR OF POLICE THATCHANALLUR POLICE STATION, TIRUNELVELI DISTRICT, THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.T.THIRUMURUGAN, Advocate ( SR-13270[I] dated 05/09/2023 )
ORDER
IN CRL OP(MD) No.16131 of 2023 Date :05/09/2023 PKP/SAR- /05.09.2023/ 4P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4