A.Maboob Basha v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.04.2022
CORAM:
THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.10231 of 2022 1.A.Maboob Basha 2.Mohammed 3.Ameer @ Ameer Basha 4.Faizullah .. Petitioners Vs.
The State rep. by The Inspector of Police, Vellore North Police Station, Vellore District.
(Crime No.158 of 2022) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioners on bail in Crime No.158 of 2022 pending investigation on the file of the respondent police. For Petitioners: Mr.C.S.Saravanan For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor ********
O R D E R
The petitioners, who were arrested on 04.04.2022 for the offences punishable under Sections 147, 148, 294(b), 323, 324, 307 and 506(ii) of IPC in Crime No.158 of 2022, seek bail.
2.The dispute between the two groups has led to physical altercation. It is a case and case in counter. 3.Considering the fact that the injured was already discharged from the hospital, this Court is inclined to grant bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail subject to the following conditions;
(a) each of the petitioners shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.IV, Vellore;
(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 are directed to appear before the Vellore Taluk Police Station daily at 10.30 a.m., until further orders; (d) the petitioners shall not tamper with evidence or witness either during investigation or trial;
(e) on breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner 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]; (f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
-sd/- 29/04/2022 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, NO.IV, VELLORE.
2 THE CHIEF JUDICIAL MAGISTRATE VELLORE. [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE.
4 THE INSPECTOR OF POLICE, VELLORE NORTH POLICE STATION, VELLORE DISTRICT.
5 THE INSPECTOR OF POLICE/ STATION HOUSE OFFICER, VELLORE TALUK POLICE STATION, VELLORE DISTRICT.
6 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S. C.S.SARAVANAN Advocate on payment of necessary charges CRL OP.10231/2022 Date :29/04/2022 RW 02/05/2022