Mohammed Imran v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.04.2024
CORAM
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.9210 of 2024 Mohammed Imran ... Petitioner Vs.
State Rep by.
The Inspector of Police K2 Ayanavaram Police Station, Ayanavaram, Chennai - 600 023.
Crime No. 54 of 2024 ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail in crime No. 54 of 2024 on the file of the The Inspector of Police Ayanavaram Police Station, Chennai. For Petitioner : Mr.Syed Parvez For Respondent : Mr.V.Meganathan, B.A., B.L., Government Advocate (Crl. Side) 1/5
O R D E R
The petitioner, who was arrested and remanded to judicial custody on 05.03.2024 for the alleged offences punishable under Sections Section 354A, 354D r/w 4 of TNPHW Act in crime No. 54 of 2024 on the file of the respondent, seeks bail.
2. The case of the prosecution is that on 03.03.2024, the petitioner had pressed the defacto complainant's daughter's breast while they were walking in the road near Joint office road. Hence, the case.
3. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. He prays to allow this petition.
4. The learned Government Advocate submitted that the petitioner is used to do same thing to the other ladies and based on the complaint of the victim's father present FIR was lodged.
5. On seeing the facts of the case, the petitioner name was not found in the FIR and also the investigation is almost completed. Hence, this Court is inclined to grant bail to the petitioner. 2/5
6. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties ( one must be a blood surety), each for a like sum to the satisfaction of the learned V Metropolitan Magistrate, Egmore, Chennai, and on further conditions that:
[a] the sureties shall affix their 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 petitioner shall report before the respondent police daily at 10.30 a.m. until further orders;
[c] the petitioner shall not abscond either during investigation or trial;
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take 3/5
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];
[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
16.04.2024 pbl 4/5
T.V.THAMILSELVI,J.
pbl To
1. The V Metropolitan Magistrate, Egmore, Chennai 2.The Inspector of Police K2 Ayanavaram Police Station, Ayanavaram, Chennai - 600 023.
3. The sub jail, Saidapet.
4. The Public Prosecutor, High Court of Madras.
Crl.O.P.No.9210 of 2024 16.04.2024 5/5