Madras High CourtCRL OP(MD)/21516/2013bail granted

Ajithkumar v. The Inspector Of Police

2013-12-19Honourable Mr Justice M. Sathyanarayanan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Nineteenth day of December Two Thousand Thirteen PRESENT The Hon`ble Mr.Justice M.SATHYANARAYANAN CRL OP(MD) No.21516 of 2013 AJITHKUMAR ... PETITIONER / ACCUSED NO.1 Vs THE STATE REP.BY THE INSPECTOR OF POLICE MELAPALAYAM CRIME BRANCH POLICE STATION, TIRUNELVELI DISTRICT.

CRIME NO. 986/2013. ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.P.RAJKUMAR Advocate For Respondent : M/S.P.KANDASAMY, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- There are totally five accused in this case and the petitioner is arrayed as A-1 and he was arrested and remanded to judicial custody on 16.11.2013 for the alleged commission of offence punishable under Section 397 of I.P.C., in Crime No.986 of 2013 on the file of the respondent police and hence, seeks bail.

2. The case of the prosecution is that on 16.11.2013, this petitioner along with four others had attacked the de-facto complainant and stolen his mobile phone.

3. The learned counsel for the petitioner would submit that the petitioner is falsely implicated in this case for statistical purposes and is nothing to do with the alleged commission of offence.

4. The learned Government Advocate(Crl. Side) would submit that A-2 and A-4 were arrested and this petitioner is having one previous case in Crime No.370 of 2013 for the offence under Section 379 of I.P.C registered by Thachanallur Police Station.

5. Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the State and also perused the materials available on record. https://hcservices.ecourts.gov.in/hcservices/

6. Considering the facts and circumstances of the case and also considering the nature of allegation and period of incarceration, this Court is inclined to enlarge the petitioner on bail on the following conditions. Accordingly, the petitioner is directed to be released on bail on executing 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.V, Tirunelveli, and on further condition that the petitioner shall appear before the respondent police daily at 11.00 a.m., for a period of six weeks.

sd/- 19/12/2013 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.V, TIRUNELVELI. 2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3 THE INSPECTOR OF POLICE, MELAPALAYAM CRIME BRANCH POLICE STATION, TIRUNELVELI DT. 4 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI. 5 THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.P.RAJKUMAR Advocate SR.No.63630.

ORDER

IN CRL OP(MD) No.21516 of 2013 Date :19/12/2013 msm 19.12.2013 p2-7c https://hcservices.ecourts.gov.in/hcservices/