Ismail Safiullah @ Settu v. State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.01.2022
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.1553 of 2022 Ismail Safiullah @ Settu ... Petitioner Vs.
State, rep. by The Sub Inspector of Police,, HUDCO Police Station, Krishnagiri District.
(Crime No.488 of 2021) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.488 of 2021 on the file of the Respondent Police. For Petitioner : Mr.R.Sasikumar For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor *****
ORDER
(The case has been heard through video conference) The petitioner who was arrested and remanded to judicial custody on 09.01.2022 for the offence under Sections 392, @ 397 IPC, in Crime No.488 of 2021, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on the date of occurrence, the petitioner along with other accused robbed a sum of Rs.2,500/- and a cell phone from the defacto complainant at knife point. Hence, the complaint.
3.The learned counsel for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case and that the petitioner has been suffering incarceration for more than 15 days from 09.01.2022. Hence, he would pray for grant of bail to the petitioner.
4.The learned Additional Public Prosecutor appearing for the respondent would raise strong objection stating that the petitioner has got two previous cases of same nature but admits that co-accused have been granted bail by the lower Court and the investigation is almost completed.
5. Considering the facts and circumstances of the case and the fact that co-accused have been granted bail and the investigation is almost completed and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.
(a) Accordingly, the petitioner is ordered to be released on bail on executing his own bond for a sum of Rs.10,000/- (Rupees ten thousand only), before the Superintendent of the concerned prison, in which the petitioner has been confined and thereafter on his release;
(b) the petitioner shall execute two sureties for a sum of Rs.10,000/- (Rupees Ten Thousand only) each, before the learned Judicial Magistrate No.II, Hosur, within 15 days from the date of commencement of the Court's normal functioning, failing which the bail granted by this Court shall stand dismissed automatically; (c) 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;
(d) the petitioner shall report before the respondent police daily at 11 a.m. for a period of three months and thereafter, shall report before the respondent police as and when required for interrogation.
(e) the petitioner shall not commit any offences of similar nature;
(f) the petitioner shall not abscond either during investigation or trial;
(g) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(h) on breach of any of the aforesaid conditions, the learned Judicial 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 Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];
(i) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
6. With the above directions, this Criminal Original Petition is ordered.
-sd/- 25/01/2022 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 JUDICIAL MAGISTRATE, NO.II, HOSUR.
2 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI [FOR INFORMATION].
3 THE SUB INSPECTOR OF POLICE, HUDCO POLICE STATION, KRISHNAGIRI DISTRICT.
4 THE OFFICER INCHARGE, SUB JAIL, HOSUR.
5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.R.SASIKUMAR Advocate on payment of necessary charges CRL OP.1553/2022 Date :25/01/2022 JPA 27/01/2022