Manibharathi v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Criminal Jurisdiction ) Date : 25/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Manibharathi

... Petitioner/Accused No.2 Vs State Rep.by The Inspector of Police, Kumbakonam West Police Station, Thanjavur District. Crime No.309 of 2023. ... Respondent/Complainant For petitioners : Mr.S.Sathya Chidambaram, 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.309 of 2023 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner/Accused No.2, who was arrested on 13.06.2023 for the alleged offence under Sections 379 and 120(B) of IPC, in Crime No.309 of 2023, on the file of the respondent Police, seeks bail.

2.The case of the prosecution is that the defacto complainant is working as a private Bank Manager. On 24.12.2022, the defacto complainant went for mortgage her jewels and got money, at that time, the petitioner and other accused spoke with the defacto complainant and stole her jewels without her knowledge. After they left from the spot, the defacto complainant noticed that the jewels were stolen. Hence, the complaint.

3.The learned counsel for the petitioners would submit that the petitioner is an innocent and he has been falsely implicated in this case. The petitioner is in custody from 13.06.2023. Hence, prays to release him on bail. Further he would submit that the defacto complainant theft the jewels from her Bank and tried to mortgage the above said jewels for getting money, when the same was questioned by the petitioner, she has given a false complaint against the petitioner.

4.The learned Additional Public Prosecutor appearing for the respondent would submit that the property has not been recovered so far.

5.Considering the facts and circumstances of this case and 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.I, Court, Kumbakonam, Thanjavur District, and on further condition that the petitioners shall report before the respondent Police daily at 10.30 a.m. until further orders. sd/- 25/07/2023 / TRUE COPY /

25/07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. Indu TO 1 THE JUDICIAL MAGISTRATE NO.I, KUMBAKONAM, THANJAVUR DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM. 3 THE INSPECTOR OF POLICE, KUMBAKONAM WEST POLICE STATION, THANJAVUR DISTRICT. 4 THE OFFICER INCHARGE, SUB JAIL, KUMBAKONAM. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.13554 of 2023 Date :25/07/2023 RS//SAR-(25.07.2023) 3P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023