Mussamil Rahman v. Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.05.2023
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Mussamil Rahman ... Petitioner Vs.
State by The Inspector of Police, Muthialpet Police Station, Chennai, Crime No.62 of 2023 ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail, in the case pending investigation in Crime No.62 of 2023 on the file of the respondent police in Muthialpet Police Station, Chennai district. For Petitioner : Mr.S.Kasirajan For Respondent : Mr.A.Damodaran, Additional Public Prosecutor
ORDER
The petitioner, who was arrested and remanded to judicial custody on 25.04.2023 for the offence punishable under Sections 294(b), 307 and 506(2) of IPC in Crime No.62 of 2023 on the file of the respondent police, seeks bail
2. The case of the prosecution is that on the date of occurrence, the petitioner attacked the defacto complainant and caused injuries. Hence the case.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prays for grant of bail to the petitioner.
4. The Additional Public Prosecutor appearing for the respondent police would submit that the petitioner is the sole accused. He further submitted that the injured was discharged from hospital on 27.04.2023 and the petitioner has two previous cases. Hence, he opposed for grant of bail to the petitioner.
5. Considering the above facts and circumstances of the case and also the period of incarceration by the petitioner from 25.04.2023, this Court is inclined to grant bail to the petitioner.
6. Accordingly, the petitioner shall pay Rs.15,000/- (Rupees Fifteen Thousand only) directly to the defacto complainant and on producing the acknowledgment for payment of Rs.15,000/-, 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 blood related sureties, each for a like sum to the satisfaction of the learned XVI Metropolitan Magistrate, George Town, 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 pay Rs.15,000/- (Rupees Fifteen Thousand only) directly to the defacto complainant and the acknowledgment for the same shall be produced before the Magistrate while executing bond.
[c] the petitioner shall report before the respondent police daily at 10.30 a.m. and 05.30 p.m. for a period of four weeks and thereafter report before the respondent police as and when required for interrogation.
[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 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.
05.05.2023 lok
G.K.ILANTHIRAIYAN, J.
lok To 1.The XVI Metropolitan Magistrate, George Town, Chennai.
2.The Inspector of Police, Muthialpet Police Station, Chennai.
3.Central Prison, Puzhal 4.The Public Prosecutor, High Court of Madras, Chennai Crl.O.P.No.10179 of 2023 05.05.2023