Zameer Ulhaq Naseem v. State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Twentieth day of January Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.1042 of 2022 ZAMEER ULHAQ NASEEM [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, C-1, KATOOR POLICE STATION, COIMBATORE CITY CRIME NO.1038/2021 For Petitioner : M/S.N.S.GANESH, Advocate For Respondent : MR. A.GOKULAKRISHNAN, Additional Public Prosecutor PETITION FOR BAIL 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner who was arrested and remanded to judicial custody on 30.11.2021 for the offence under Section 25(1)(a) of the Arms Act, 1959, Section 506(ii) of IPC, 1860 and Section 67 of the Information Technology Act, 2000 in Cr.No.1038 of 2021 on the file of the respondent police seeks bail.
2. The case of the prosecution is that the petitioner is running Computer Selling Shop under the name and style of Compu Soft. On 30.11.2021 at about 17.15 hours, the respondent police went to the occurrence place and found that the petitioner was standing infront of the shop and taken obscene images of woman in public. On seeing the police party, he tried to escape, but, the police officials rounded up him. During the course of investigation, it came to know that the petitioner threatened the General Public by showing un-licensed pistol. Further, the petitioner is also doing 2nd hand car business and he used to threaten the person who came for the purchase of the cars. Further, during the time of IPL Season, the petitioner was doing match fixing and he telecast the obscene videos of woman. Hence, the complaint.
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3. The learned counsel for the petitioner submits that the petitioner has not committed any such offence as alleged by the prosecution and he has falsely implicated in this case. He further submits that the petitioner has purchased the same through On-line. He further submits that the petitioner has been suffering incarceration for more than 80 days from 30.11.2021. Hence, he prays to grant bail to the petitioner.
4. The learned Government Advocate (Crl.Side) raised objection stating that the petitioner threatened the General Public by showing un-licensed pistol. doing 2nd hand car business and he used to threaten the person who came for the purchase of the cars. Further, during the time of IPL Season, the petitioner was doing match fixing and he also telecast the obscene videos of woman. After arrest, two pistols, bullets, cell phones, pen-drive were recovered. He further submits that the petitioner's bail petition was dismissed by this Court in Crl.OP.No.24845 of 2021 dated 17.12.2021. 5.Considering the facts and circumstances of the case and the submissions made by both counsel and also considering the gravity of offence committed by the petitioner and there is no change of circumstances after the dismissal of the petitioner's earlier bail petition, this court is not inclined to grant bail to the petitioners.
6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 20/01/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE INSPECTOR OF POLICE, C-1, KATOOR POLICE STATION, COIMBATORE CITY 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
3 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.
CC to M/S.A.ARULMANI Advocate on payment of necessary charges CRL OP.1042/2022 Date :20/01/2022 RW 31/01/2022 https://hcservices.ecourts.gov.in/hcservices/