Mansoor v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 06.05.2021 CORAM :
THE HON'BLE Mr.JUSTICE G.R.SWAMINATHAN Crl.O.P.No.8780 of 2021 Mansoor Ali ... Petitioner/Accused Vs.
The State Rep by The Inspector of Police, V-3, JJ Nagar Police Station, Chennai ... Respondent/Complainant (Crime No.118 of 2021) PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail pending investigation in Crime No.118 of 2021 on the file of the respondent. For Petitioner : Mr.I.Abdul Basith For Respondent : Mr.L.Charles Premkumar Government Advocate (Crl. Side)
O R D E R
(The case has been heard through video conference) Heard the learned counsel on either side.
2. The petitioner is in custody since 04.04.2021 for the offences under Sections 294(b), 341, 379, 397 and 506(ii) of IPC. The case of the prosecution is that the de-facto complainant had parked his two wheeler and gone inside the shop for taking tea. He saw the petitioner and others trying to steal the two wheeler. From a reading of the First Information Report, it shows that the de-facto complainant had not suffered any injury.
3.The learned Government Advocate (Criminal Side) would however states that the petitioner has one previous case in same nature. 4.Taking note of the incarceration, this Court is inclined to grant bail to the petitioner subject to the following conditions.
(a) Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate Court, Ambattur, 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 petitioner shall not commit any offences of similar nature;
(d) the petitioner shall not abscond either during investigation or trial;
(e) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(f) 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 petitioner 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];
(g) 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/- 06/05/2021 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, AMBATTUR 2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR(FOR INFORMATION) 3 INSPECTOR OF POLIE, V-3 JJ NAGAR POLICE STATION, CHENNAI.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI CC to M/S I.ABDUL BASITH Advocate on payment of necessary charges SR.5888 CRL OP.8780/2021 Date :06/05/2021 RVR 07/05/2021