The accused is entitled to bail considering the period of incarceration undergone by him and that this is the second petition for bail.

CRL OP(MD). No.866 of 2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Criminal Jurisdiction )

Date : 11/01/2023

PRESENT

The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA

CRL OP(MD). No.866 of 2023

Mohamed Ismail

... Petitioner/Sole Accused

Vs

State Rep.by

The Inspector of Police,

Palakkarai Police Station,

Trichy.

(Crime No.1149 of 2022).

... Respondent/Complainant

For Petitioner

: M/s.Suresh.C, Advocate

For Respondent

: Mr.T.Senthil Kumar,

Additional Public Prosecutor

PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :-

For Bail in Crime No.1149 of 2022 on the file of the Respondent

Police.

ORDER : The Court made the following order :-

The petitioner/Accused, who was arrested and remanded to

judicial custody on 21.11.2022, for the offences punishable under

Sections 420, 467, 468 and 471 IPC in Crime No.1149 of 2022, seeks

bail.

2.The case of the prosecution is that on 25.10.2022, one Abdul

Jaleel, lodged a complaint before the respondent police stating that

he is the President of Muslim Sunnath Valijama Hath Thuruppu

Pallivasal. The petitioner herein was granted anticipatory bail in

connection with some other case and in that case he has filed a

relaxation petition in Crl.M.P.No.2647 of 2022 before the Principal

District and Sessions Judge, Trichy. In which the petitioner

produced a document stating that the defacto complainant herein has

assured to give a loan of Rs.7,50,000/- without interest from the

jamath for the purpose of complying the condition as imposed by the

Principal District and Sessions Judge, Trichy. The learned Sessions

Judge directed the respondent police to enquire with regard to the

genuineness of the documents submitted by the petitioner. When the

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CRL OP(MD). No.866 of 2023

respondent police enquired the same with the defacto complainant, he

came to know that the said document was fabricated and further the

signature of the defacto complainant was forged. Hence, the

complaint.

3.The learned counsel appearing for the petitioner submitted

that this the second petition for bail and the earlier petition was

dismissed by this Court in Crl.OP(MD)No.22980 of 2022, on

23.12.2022. The petitioner is innocent and he has not committed any

offence, as alleged by the prosecution and he has been falsely

implicated in this case. He further submitted that the petitioner is

in judicial custody from 21.11.2022 and major part of the

investigation has been completed. The case of prosecution is borne

out by documents and there is no possibility for interfering with

the investigation and hence, prays for bail.

4.The learned Additional Public Prosecutor would submit that

the petitioner has produced the forged documents before the trial

Court for complying the condition imposed in Crl.M.P(MD). No.2647 of

2022 and he is having two previous cases in similar nature and there

is no change in circumstances. Hence, prays to dismiss the

petition.

5.Heard the learned counsel appearing on either side and

perused the materials placed before this Court.

6.Taking into consideration the facts and circumstances of the

case, considering the period of incarceration undergone by the

petitioner and that this is the second petition for bail, this Court

is inclined to grant bail to the petitioner on certain conditions.

(a) Accordingly, the petitioner is ordered to be released on

bail on condition to execute a bond for a sum of Rs.25,000/- (Rupees

Twenty Five Thousand only), with two sureties each for a like sum to

the satisfaction of the learned Judicial Magistrate No.V, Trichy,

and on further conditions that:

(b) the sureties shall affix their photographs and Left Thumb

Impression in the surety bond and the learned Magistrate may obtain

a copy of their Aadhar Card or Bank Pass Book to ensure their

identity;

(c) the petitioner shall report before the respondent Police

daily at 10