Sheik Uduman v. The State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.05.2021
CORAM
THE HONOURABLE MRS. JUSTICE S.KANNAMMAL Crl.O.P.No.8741 of 2021
1. Sheik Uduman
2. Sahubar Sathik .. Petitioners Vs.
The State rep. by The Inspector of Police V-3 JJ Nagar Police Station, Chennai.
Crime No.118 of 2021 .. Respondent Prayer: Criminal Original Petition filed under Section 438 of Criminal Procedure Code, praying to enlarge the petitioners in the event of their arrest by the respondent police in Cr.No.118 of 2021 on the file of the respondent police.
For Petitioner : Mr. I. Abdul Basith For Respondent : Mr. T.Shunmugarajeswaran Government Advocate (Crl. Side)
O R D E R
(The case has been heard through video conference) The petitioner, who apprehends arrest for the alleged offences under Sections 294(b), 341, 379, 397 and 506(ii) IPC, in Crime No.118 of 2021, on the file of the respondent police, seek anticipatory bail.
2. Totally there are 3 accused in this case and the petitioners are A2 and A3. The case of the prosecution is that on 10.02.2021, the petitioners along with other accused attempted to commit theft of the defacto complainant's two wheeler. When the defacto complainant prevented them, all the accused abused him in filthy language and threatened him by showing the knife.
3. The learned counsel appearing for the petitioners would submit that the petitioners have been falsely implicated in this case and they have not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl. Side) would submit that A1 was arrested and released on bail and that the petitioners have no previous case. However, he opposed for grant of anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case and the fact that the there is no previous case as against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Ambattur, on condition that the petitioners shall 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which this petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioners and the sureties shall affix his photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
[b] the petitioners shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation.
[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[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 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/- 12/05/2021 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 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, V3 JJ NAGAR POLICE STATION, CHENNAI.
+1 CC to M/S. I.ABDUL BASITH Advocate on payment of necessary charges SR.No.6224 CRL OP.8741/2021 Date :12/05/2021 cs 10/06/2021