Mohammedasif v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.03.2022
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.4247 of 2022 Mohammedasif
...Petitioner
Vs.
The State rep. by the The Inspector of Police, Veerapandi Police Station.
(Crime No.1195 of 2021) ... Respondent Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., praying to enlarge the petitioner on anticipatory bail in Crime No.1195 of 2021 on the file of the respondent police. For Petitioner : Mr.R.Prabakar For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side)
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 323, 324, 364, 307 and 506(2) of IPC in Crime No.1195 of 2021, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that due to previous enmity, the petitioner attacked the defacto complainant using knife and iron rod. Thereby the defacto complainant sustained severe injuries. Hence, the complaint.
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 been falsely implicated in this case. He further submits that co-accused was enlarged on bail. Hence, he prays to grant anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl. Side) on instructions submits that there are twelve accused involved in this case, out of which, three accused were already released on anticipatory bail by this Court. He further submitted that the petitioner is ranked as A3 and he is having three previous case, the petitioner along with other accused attacked the defacto complainant and the investigation almost
completed. However, he vehemently opposed for grant of anticipatory bail to the petitioner.
5. Considering the submissions made by both counsel and also considering the fact that the investigation was almost completed and some of the co-accused were released on bail, this Court is inclined to grant anticipatory bail to the petitioner.
6. Accordingly, the petitioner is directed to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier, before the learned Judicial Magistrate, No.IV, Tiruppur, on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: (a)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned 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 everyday at 10.30 a.m., for a period of two months and thereafter as and when required for interrogation;
(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(d)the petitioner shall not abscond 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 Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;
(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 16/03/2022 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.IV, TIRUPPUR 2 THE CHIEF JUDICIAL MAGISTRATE TIRUPPUR(FOR INFORMATION) 3 INSPECTOR OF POLICE, VEERAPANDI POLICE STATION, TIRUPUR.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S. R.PRABAKAR Advocate on payment of necessary charges Sr.4082 CRL OP.4247/2022 Date :16/03/2022 RVR 22/03/2022