Sabi Ahamed v. State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Fifteenth day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.16917 of 2021 SABI AHAMED [ PETITIONER / ACCUSED ] Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ANNUR POLICE STATION, COIMBATORE NORTH, COIMBATORE.
CRIME NO.NOT KNOWN OF 2021.
For Petitioner : M/S.P.PRINCE PREMKUMAR Advocate For Respondent : MR.A.GOPINATH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offence punishable under Sections 153A (1) (b) of IPC in Crime No.Not Known of 2021 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the one Gopalsamy made an application for grant of patta and the said patta proceedings were delayed by the Village Administrative Officer and there was a wordy quarrel in between them. The said incident has videographed by the petitioner and circulated in the social media. Hence the complaint. 3.The learned counsel appearing for the petitioner submits that the petitioner is a Reporter of Malaiulagam Daily Newspaper and Makkal Atchil Monthly Magazine and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case infact the illegal act of the revenue officials was exposed by the petitioner. Therefore, he prays for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) submits that investigation is pending.
5.Considering the facts and circumstances of the case and also considering the submissions made by both counsel, this court is inclined to grant anticipatory bail to these petitioners. 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Mettupalayam on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten thousand Only), 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 and on further condition that:
(a) 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; (b) the petitioner 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 petitioner shall not tamper with evidence or witness either during investigation or trial; (d) the petitioner 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 petitioner 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]; and;
(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 15/09/2021 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, METTUPALAYAM, COIMBATORE.
2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, ANNUR POLICE STATION, COIMBATORE NORTH, COIMBATORE.
+1 CC to M/S. P.PRINCE PREMKUMAR Advocate on payment of necessary charges SR.NO.10068 CRL OP.16917/2021 Date :15/09/2021 TA-27/09/2021