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Madras High CourtCRL OP/8036/2022granted

Reyas.G v. State Rep By

2022-04-06Honourable Dr Justice G. Jayachandran3 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.8036 of 2022 1 REYAS.G [ PETITIONERS / ACCUSED ] 2 IMAM HUSSAIN.A 3 ANSAR 4 FAYAS 5 RAGHUMAN 6 IMRAN 7 GULABJHAN 8 K.DHASTHGEER Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, CHEYYAR POLICE STATION, TIRUVANNAMALAI DISTRCT.

CRIME NO.200/2022 For Petitioner : M/S. M.MOHAMED RIYAS 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 petitioners, who apprehend arrest for the alleged offence under Sections 147, 323 and 506(ii) of IPC in Crime No.200 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. Owing to the dispute regarding management of mosque, quarrel has occurred between the two groups inside the mosque, both the groups have given a complaint before the respondent police, wherein the petitioners are arrayed as accused in Crime No. 200 of 2022 pending investigation before the respondent police.

3. Taking note of the fact that no serious injuries have been caused to the defacto complainant and others and they were treated as out-patient and discharged, this Court is inclined to grant anticipatory bail to the petitioners with a condition that the petitioners shall stay at Arani for a period of thirty (30) days.

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 at Cheyyar 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 Arani Town Police Station daily at 10.30.a.m., for a period of thirty days and thereafter 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, CHEYYAR.

2 THE CHIEF JUDICIAL MAGISTRATE TIRUVANNAMALAI DISTRCT. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, CHEYYAR POLICE STATION, TIRUVANNAMALAI DISTRCT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE OFFICER INCHARGE, ARANI TOWN POLICE STATION, ARANI.

+1 CC to M/S. M.MOHAMED RIYAS Advocate on payment of necessary charges SR.NO. 5309 CRL OP.8036/2022 Date :06/04/2022 RW 12/04/2022