A.Hussain v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 05.05.2021 CORAM :

THE HON'BLE MR. JUSTICE G.R.SWAMINATHAN Crl.O.P.No.8565 of 2021 1.A.Hussain ... Petitioners 2.A.Rasul Vs.

State Rep. by its ... Respondent The Inspector of Police, T-14, Mangadu Police Station, Kanchipuram District.

(Crime No.192 of 2021) PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioners on bail pending investigation in Crime No.192 of 2021 on the file of the Respondent Police.

For Petitioners : Mr.S.Marchall For Respondent : Mr.Charles Premkumar Government Advocate (Crl. Side)

ORDER

(The case has been heard through video conference) Heard the learned counsel on either side.

2. The petitioners are in custody since 11.04.2021 for the offences under Sections 341, 294(b), 324 and 307 of IPC in Crime No.192 of 2021.

3. The victim has been discharged. The petitioners are not having any previous case. The petitioners counsel, on instructions, would state that the petitioners will completely keep away from the de-facto complainant.

4. Recording the undertaking given through the Counsel, bail is granted to the petitioner subject to the following conditions: (a) Accordingly, the petitioners are ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Sriperumbudur and on further conditions that:

(b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity; (c) the petitioners, on their release from prison, shall report before the respondent police daily at 10.30 a.m. for the period of two weeks and thereafter, as and when required for interrogation; (d) the petitioners shall not commit any offences of similar nature;

(e) the petitioners shall not abscond either during investigation or trial;

(f) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(g) on breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have 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];

(h) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

5. With the above directions, this Criminal Original Petition is ordered.

-sd/- 05/05/2021 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, SRIPERUMBUDUR.

2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OFPOLICE, T-14, MANGADU POLICE STATION, KANCHIPURAM DISTRICT.

5 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

CC to M/S.S.MARSHALL Advocate on payment of necessary charges CRL OP.8565/2021 Date :05/05/2021 TA-06/05/2021