Shagul Hameed v. The Inspector Of Police
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.8030 of 2022 1 SHAGUL HAMEED [ PETITIONERS / ACCUSED ] 2 T.SIVARAMAN Vs THE INSPECTOR OF POLICE [ RESPONDENT ] S-15, SELAIYUR POLICE STATION, CHENNAI.
(CRIME NO.131 OF 2022) For Petitioner : M/S.C.D.SUGUMAR 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 petitioners, who apprehend arrest for the alleged offence under Sections 341, 294(b), 323, 365, 506(i) of Indian Penal Code in Crime No.131 of 2022, on the file of the respondent police, seeks anticipatory bail.
2. The petitioners herein had kidnapped the brother of the defacto complainant with regard to some domestic dispute.
3. Considering the fact that there is no injury to the victim and the complaint itself appears to be highly imaginary one, this Court is inclined to grant anticipatory bail to the petitioners
4. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court, Tambaram, Chennai on condition that the petitioners shall execute separate bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only)each, 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 petitioners 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 petitioners shall not tamper with evidence or witness either during investigation or trial;
(c) the petitioners shall report before the Investigating Officer as and when required for interrogation. (d)the petitioners 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 petitioners in accordance with law as if the conditions has been imposed and the petitioners 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/- 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 JUDICIAL MAGISTRATE, TAMBARAM, CHENNAI.
2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU [FOR INFORMATION] 3 THE INSPECTOR OF POLICE S-15, SELAIYUR POLICE STATION, CHENNAI.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1CC to M/S.C.D.SUGUMAR Advocate on payment of necessary charges SR.No.5237 CRL OP.8030/2022 Date :06/04/2022 CSK 13/04/2022