Juneith Ahamed v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31/10/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN 1.Juneith Ahamed 2.Javith Ahamed ... Petitioners/Accused 22 & 23 Vs State represented by The Inspector of Police, CCD-III, Virudhunagar, Crime No.2 of 2023.
... Respondent/Complainant For Petitioners : M/s.T.Lenin Kumar Advocate.
For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.2/2023 on the file of the respondent police ORDER : The Court made the following order :- The petitioners / Accused herein, who was arrested on 31.08.2023 for the alleged 1/4
offence under Sections 420, 465 of IPC r/w Section 67 of the IT Act, in Crime No.2 of 2023, on the file of the respondent police, seek bail.
2. The case of the prosecution is that the petitioners have approached the defacto complainant for a part time job. The defacto complainant was appointed initially to a job, to give review on movies and some amount was credited to the defacto complainant. Later, the petitioners along with one Shreya asked the defacto complainant to invest money to earn more. As per the words of the accused persons, the defacto complainant has credited totally a sum of Rs.16.6 Lakhs to the credit of the accused persons. Later, they have committed fraud on the petitioners. Hence the complaint.
3. The learned counsel for the petitioners submitted that the petitioners are innocents, they have not committed any offence as alleged by the prosecution. They have been falsely implicated in this case. He further submitted that the petitioner is in judicial custody from 31.08.2023 and more than 90 days, he is in custody and hence, he seeks statutory bail to the petitioner under Section 167(2) Cr.P.C. Hence, they seek for the relief of bail.
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4. The learned Additional Public Prosecutor would submit that investigation is not completed and final report is not yet filed.
5. Learned counsel for the petitioners submitted that the statutory period is over.
6. On the sole ground that the statutory period is over, without going into other aspects, the petitioners are granted bail by this Court.
7. 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) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Virudhunagar and the petitioners are directed to file an undertaking affidavit before the trial Court that they will not indulge themselves in such offences in future and on further condition that the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders.
sd/- 31/10/2023 / TRUE COPY / 31/10/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1 THE JUDICIAL MAGISTRATE NO.I VIRUDHUNAGAR.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3 THE INSPECTOR OF POLICE CCD-III, VIRUDHUNAGAR 4 THE OFFICER INCHARGE, DISTRICT JAIL, VIRUDHUNAGAR.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.T.LENINKUMAR, Advocate ( SR-15709[I] dated 31/10/2023 )
ORDER
IN CRL OP(MD) No.18577 of 2023 Date :31/10/2023 SS/SAR- /31/10/2023/4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4