S.Mohammed Aadhif v. The State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :09.12.2020
CORAM
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.19277 of 2020
1. S. Mohammed Aadhif
2. S. Salman
3. A. Musthaq Ahamed
4. M. Mohammed Arshad
5. Y. Jalaudeen
6. G. Suhail Khan ... Petitioners Vs.
The State Represented by, The Inspector of Police, Washermentpet, H-1 Police Station, Chennai - 600 059.
... Respondent Prayer: Criminal Original Petition filed under Section 438 Cr.P.C. to grant Anticipatory bail to the petitioners in the event of their arrest in Crime No.4854 of 2020 on the file of the respondent police. For Petitioners : Mr.M. Velmurugan For Respondent : Mr.M. Mohamed Riyaz Additional Public Prosecutor
O R D E R
(The case has been heard through video conference) The petitioners, who apprehend arrest at the hands of the respondent police for the offences publishable under Sections 147, 148, 341, 294(b), 323, 324 and 506(ii) of IPC, in Crime No.4854 of 2020 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that due to a wordy quarrel between the two groups of people, the petitioners abused and attacked the defacto complainant with wooden log and also threatened him with dire consequences and thereby the defacto complainant sustained injuries. Hence, the complaint.
3. The learned counsel appearing for the petitioners would submit that the petitioners was already granted anticipatory bail by this Court in Crl.O.P.No.13311 of 2020 dated 31.08.2020. However, due to delay in uploading the order copy in the website, the petitioner was not able to surrender before the court below within the prescribed
time and that the earlier order got lapsed. Hence, the present petition has been filed seeking for grant anticipatory bail to the petitioners.
4. The learned Additional Public Prosecutor submitted that the injured have been discharged from the hospital. He further submitted that there is no previous cases pending as against these petitioners. However, he opposed for grant of anticipatory bail to the petitioners.
5. Taking into consideration the facts and submissions of the learned Counsel and the fact that the injured have been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions;
6. Accordingly, the petitioners are directed to deposit a sum of Rs.2,000/- (Rupees Two Thousand only) each as non refundable deposit to the credit of Legal Services Authority attached to the concerned Court, within a period of fifteen days from the date on which the order copy made ready and on such deposit the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Metropolitan Magistrate-XV, George Town, Chennai, 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioners and 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 petitioners shall deposit a sum of Rs.2,000/- (Rupees two thousand only) each to the credit of Legal Services Authority attached to the concerned Court, and shall produce the said receipt before the Court below.
[c] the petitioners shall report before the respondent police everyday at 10.30 a.m., until further orders. [d] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioners 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 petitioners 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].
[g] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
7.With the above direction, this Criminal Original Petition is ordered.
-sd/- 09/12/2020 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.XV, GEORGE TOWN, CHENNAI.
2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, WASHERMENPET H-1 POLICE STATION, CHENNAI 600 059.
5 THE MEMBER SECRETARY, TAMIL NADU LEGAL SERVICES AUTHORITY, HIGH COURT, MADRAS.
+1 CC to M/S.M.VELMURUGAN Advocate on payment of necessary charges SR.No.8047 CRL OP.19277/2020 Date :09/12/2020 cs 16/12/2020