B.Yaseen Basha v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Fifth day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.7890 of 2022 B.YASEEN BASHA [ PETITIONER / ACCUSED ] Vs THE INSPECTOR OF POLICE [ RESPONDENT ] D5 MARINA POLICE STATION, CHENNAI.

(CRIME NO.55 OF 2022) For Petitioner : M/S.M.J.NISSAR AHMED Advocate For Respondent : M/S.S.SANTHOSH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offence under Sections 147, 148, 341, 324, 307 and 506(ii) of I.P.C in Crime No.55 of 2022, on the file of the respondent police, seeks anticipatory bail.

2.

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side).

3. The petitioner herein, on receiving a call from his friend has joint with other accused persons and attacked the defacto complainant, who questioned the accused persons for behaving indecently in Marina Beach on the day of occurrence, at about 10.30.p.m.

4.

The learned Counsel for the petitioner submits that the petitioner went to the scene of occurrence to rescue his friend and his lover, who were surrounded by more than 20 persons. Hence, he pleads for grant of anticipatory bail to the petitioner.

5. However, the learned Government Advocate (Crl. Side) submits that the defacto complainant was attacked by the accuse persons when the defacto complainant questioned the indecent behaviour of one Mansur Ahmed.

6. The statement of one of the co-accused indicates that the petitioner attacked the defacto complainant with wooden log and the Accident Register indicates that the petitioner sustained lacerated injury on his head and over the left temporal region.

7. Taking note of the fact that some of the accused were arrested and enlarged on bail and some of the accused were granted anticipatory bail, this Court is inclined to grant anticipatory bail to the petitioner.

8. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned II MM, Egmore, Chennai, on condition that the petitioner shall execute a 0 for a sum of Rs.25,000/- (Rupees Twenty Five 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 not tamper with evidence or witness either during investigation or trial;

(c)the petitioner shall report before the Investigating Officer daily at 10.30.a.m., until further orders;

(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 has 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/- 05/04/2022 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 METROPOLITAN MAGISTRATE, NO.II, EGMORE, CHENNAI.

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE D5 MARINA POLICE STATION, CHENNAI.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.M.J.NISSAR AHMED Advocate on payment of necessary charges SR.NO. 5166 CRL OP.7890/2022 Date :05/04/2022 RW 12/04/2022