Madras High CourtCRL OP/7910/2022dismissed

Abubakkar Siddiq v. The State Rep By

2022-04-06Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Sixth day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.7910 of 2022 1 ABUBAKKAR SIDDIQ [ PETITIONERS / ACCUSED ] 2 PEER MAIDEEN Vs THE STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, SELAYUR POLICE STATION, CHENNAI.

(CRIME NO.1036 OF 2017) For Petitioner : M/S G.MOHAMMED ASEEF Advocate For Respondent : MR.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 at the hands of the respondent police for the alleged offences under Sections 147, 148, 294(b), 324, 448, 427, 506(2) of IPC and 3(1) of TN Public Property (Prevention of Damage & Loss) Act, 1992 in Crime No.1036 of 2017 seeks anticipatory bail.

2. The petitioner herein suppressing the fact that this Court in Crl.O.P.No.4242 of 2018 had granted anticipatory bail to the petitioner in Crime No. 1036 of 2017 has come before this Court after lapse of four years declaring that this is the first anticipatory bail petitioner filed before this Court and no other similar petition is filed before any other Court.

3. The learned Government Advocate (Crl. Side) furnishes the earlier order passed by this Court, wherein the petitioners along with other two accused by name H.Mohammed Yussouf and A. Mohammed Yusuf had granted anticipatory bail by this Court.

4. This Court finds that after obtaining the anticipatory bail, they have not complied the conditions imposed in the said order.

5. This Court while granting anticipatory bail petition on 14.02.2018, had specifically stated that:

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''On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law"

6. This Court on considering the fact that the petitioners have not complied the earlier anticipatory bail conditions and absconding for more than 4 years and further filed second anticipatory bail petition by suppressing the earlier order passed by this Court. The conduct of the petitioners clearly indicates that they are not law abiding citizens. Hence, this Court is of the view that, if the petitioners are given liberty, they will breach the condition again.

7. Accordingly, this Criminal Original Petition is dismissed. -sd/- 06/04/2022 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 PUBLIC PROSECUTOR HIGH COURT, MADRAS.

2 THE INSPECTOR OF POLICE, SELAYUR POLICE STATION, CHENNAI.

CC to M/S G.MOHAMMED ASEEF Advocate on payment of necessary charges CRL OP.7910/2022 Date :06/04/2022 MK:19/04/2022 https://hcservices.ecourts.gov.in/hcservices/