Ibrahim Kaleel v. State Rep. By Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Twelfth day of February Two Thousand Twenty PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.3039 of 2020 IBRAHIM KALEEL [ PETITIONER / ACCUSED ] Vs STATE REP. BY INSPECTOR OF POLICE, [ RESPONDENT ] NORTH POLICE STATION, TIRUPUR, TIRUPUR DISTRICT, CRIME NO.1436/2019.
For Petitioner : M/S. K.SUDHAKAR Advocate For Respondent : MR.C.IYYAPPARAJ, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 294(b), 405, 418, 420, 506(i) of I.P.C. in Cr.No.1436 of 2019 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the Defacto complainant is a supplier of Yarn, that based on the orders placed by the petitioner's firm, yarn worth about Rs.30,00,000/- was supplied and when the said amount was not paid, the case was registered against the petitioner. hence, a case was registered against the petitioners herein.
3.The learned counsel appearing for the petitioner would submit that this is the second application for anticipatory bail and the earlier petition was dismissed on 28.01.2020 in Crl.OP.NO.43 of 2020 and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He added that co accused has been granted anticipatory bail by this Court. Hence he prays for grant of Anticipatory Bail to the petitioner. 4.The learned Additional Public Prosecutor vehemently opposed for grant of anticipatory bail to the petitioner and would submit that investigation is pending.
5.Considering the facts and circumstances of the case and the fact that co-accused has been granted anticipatory bail, this Court is inclined to grant anticipatory bail to the petitioner.
6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, 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 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 as and when required for the 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/- 12/02/2020 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.I, TIRUPPUR 2 THE CHIEF JUDICIAL MAGISTRATE TIRUPPUR(FOR INFORMATION)
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 INSPECTOR OF POLICE, NORTH POLICE STATION, TIRUPUR, TIRUPUR DISTRICT CC to M/S. K.SUDHAKAR Advocate on payment of necessary charges sr.2800 CRL OP.3039/2020 Date :12/02/2020 RVR 14/02/2020