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Judgment
G.Ilangovan, J
The petitioner/Accused, was arrested and remanded to judicial custody on 01.08.2023, for the alleged offence punishable under Sections 392 and 397 of IPC, in Crime No. 238 of 2023, on the file of the respondent police, seeks bail.
The case of the prosecution that the defacto complainant owned two Alexandrite stones worth about Rs.1,50,000/-. The defacto complainant approached the accused Nos. 1 and 2 to sell the stone. For that purpose the defacto complainant along with the accused Nos. 1 and 2 went to Coimbatore in a car. At that time, another car came in front of the their car and some accused persons, attacked the defacto complainant with aruval and the accused No.1 and 2, snatched the alexandrite stones from the defacto complainant. The defacto complainant sustained grievous injury in this incident and admitted in the hospital. Hence the complaint.
The learned counsel for the petitioner would submit that the petitioner is an innocent, he has not committed any offence alleged by the prosecution. He has been wrongly implicated in this case. Further, the second accused granted bail by this Court.
The learned Additional Public Prosecutor would submit that the petitioner is involved in one previous case and the same is ended in acquittal.
5.Considering the facts and circumstances of this case and also considering that no previous case is pending against the petitioner and the period of incarceration, this Court is inclined to grant bail to the petitioner with certain conditions.
6.Accordingly, this Criminal Original Petition is allowed and 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) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Dindigul, Dindigul District, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.
