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Madras High CourtCRL OP/9864/2024granted

Shahid Jamal v. The Inspector Of Police

2024-04-23Honourable Mrs Justice T.V.Thamilselvi5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2024

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.9864 of 2024 Shahid Jamal ... Petitioner Vs.

State Rep by.

The Inspector of Police, Tiruppur Railway Station, Tiruppur.

Crime No. 127 of 2024 ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail pending investigation in crime No. 127 of 2024 on the file of the respondent police For Petitioner : Mr.T.Balaji 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 397 IPC in crime No. 127 of 2024 on the file of the respondent, seeks bail.

2. The case of the prosecution is that the petitioner used to snatch mobile phones from the running trains. 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 petitioner used to snatch mobile phones from the running trains. Further, he stated that there are three previous case pending against the petitioner.

5. Considering the period of incarceration undergone by the petitioner and also the investigation is almost completed. Hence, this Court is inclined to grant bail to the petitioner.

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 2/5

to the satisfaction of the learned Judicial Magistrate No.1, Tiruppur, 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 on every Saturday and Monday 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 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 3/5

5560];

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

23.04.2024 pbl 4/5

T.V.THAMILSELVI,J.

pbl To

1. The Judicial Magistrate No.1, Tiruppur.

2. The Inspector of Police, Tiruppur Railway Station, Tiruppur.

3. The Central Prison, Coimbatore.

4. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.9864 of 2024 23.04.2024 5/5