M.Malik Basha v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Eighth day of June Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.12513 of 2022 M.MALIK BASHA [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, F-1, CHINTADARIPET POLICE STATION, CHENNAI-2.

CRIME NO.62 OF 2022.

For Petitioner : M/S. D.PANCHATSARAM Advocate For Respondent : MR.S.UDAYA KUMAR, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/A3, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 341, 294(b), 353 and 506(i)of IPC in Crime No. 62 of 2022 on the file of the respondent police, seeks anticipatory bail. 2.The occurrence is alleged to have been taken place on 12.03.2022. Though earlier anticipatory bail petition was dismissed on 22.03.2022, till date, the respondent police is unable to secure the petitioner. The allegation found in the First Information Report is that on the date of occurrence, the petitioner and others have bullied the traffic constable.

3.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner. 4.Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of seven days from the date of receipt of a copy of this

order, before the learned XIV Metropolitan Magistrate, Egmore, Chennai, on condition that; the petitioner 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 Magistrate concerned, failing which the anticipatory bail shall stand cancelled and on further condition that:

(a)if the petitioner failed to surrender before the concerned Magistrate within a period of 7 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b) the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(c) the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

(d)the petitioner shall not tamper with evidence or witness either during investigation or trial; (e)the petitioner shall not abscond either during investigation or trial;

(f)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 5560]; and;

(g) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 08/06/2022 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 METROPOLITAN MAGISTRATE, NO.XIV, EGMORE, CHENNAI.

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, F-1, CHINTADARIPET POLICE STATION, CHENNAI-2.

+1 CC to M/S. D.PANCHATSARAM Advocate on payment of necessary charges SR.NO.8664 CRL OP.12513/2022 Date :08/06/2022 TA-13/06/2022