Shajahan v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.01.2023

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Shajahan ... Petitioner Vs.

The State represented by, The Inspector of Police, Annadhanapatty Police Station, Salem District.

(Crime No.592 of 2022).

... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail pending in Crime No.592 of 2022 pending on the file of the respondent.

For Petitioner : Mr.Swamisubramanian For Respondent : Mr.S.Vinoth Kumar Government Advocate (Crl.Side) 1/6

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 16.12.2022 for the alleged offences punishable under Sections 147, 148, 294(b), 323, 392, 397 and 506(ii) of IPC, in Crime No.592 of 2022 on the file of the respondent Police, seeks bail.

2. The case of the prosecution as per the de-facto complainant is that the first accused and the de-facto complainant are friends doing second hand sales of cell phones jointly. Due to some dispute, the accused have abused the de-facto complainant in a filthy language and slapped him. The further allegation is that the accused snatched the de-facto complainant's mobile and transferred Rs.8000/- from his google pay account and also threatened him with dire consequences. Hence the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He also submitted that the petitioner is no way connected with the alleged offence and he is in custody from 16.12.2022. He further submitted that the 2/6

similarly placed co-accused were released on bail and he is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed to grant bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner along with the other accused abused the de-facto complainant and assaulted him. He further stated that the accused have snatched the de-facto complainant's mobile phone and transferred Rs.8000/- from his account and threatened him with dire consequences. He further stated that the amount has been recovered from the accused. However, he vehemently opposed to grant bail to the petitioner.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent and perused the materials available on record.

6. Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel for the petitioner and also taking note of the fact that the amount has been recovered and the co-accused 3/6

has been granted bail, this Court is inclined to grant bail to the petitioner.

7. Accordingly, the petitioner is ordered to be released on bail on his 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.IV, Salem, and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioner shall report before the respondent Police on alternative days at 10.30 a.m., for a period of eight weeks and thereafter, as and when required for interrogation;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial 4/6

Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]; [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

12.01.2023 ham To

1. The Judicial Magistrate No.IV, Salem.

2. The Inspector of Police, Annadhanapatty Police Station, Salem District.

3. The Central Prison, Salem.

4. The Public Prosecutor, High Court of Madras.

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T.V.THAMILSELVI,J.

ham 12.01.2023 6/6