M.Shareef v. Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.08.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN M.Shareef

...Petitioner

Vs.

State by Sub Inspector of Police, South Police Station, Erode Erode District.

Crime No.342/2022 ..Respondent PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner/accused No.1 on bail in Crime No.342/2022 on the file of the respondent police pending investigation. For Petitioner : Mr.G.M.Shankar For Respondent : Mr.A.Damodaran, Additional Public Prosecutor

ORDER

The petitioner, who was arrested and remanded to judicial custody on 05.07.2022 for the offences punishable under Sections 120 B, 365, 323, 324 and 506(2) of Indian Penal Code in crime No.342 of 2022 on the file of the respondent police, seeks bail. 1/4

2. The case of the prosecution is that petitioner along with other accused person kidnapped the de-facto complainant and brought him to Kerala, in order to find the de-facto complainant's friend one Irfan who borrowed a sum of Rs.50,000/- from the petitioner herein. Hence, the complaint.

3. There was some money dispute and as such, the petitioner along with other accused persons kidnapped the de-facto complainant and demanded money. Due to which, he sustained injuries. Now, discharged from the hospital.

4. Considering the above facts and circumstances of the case and also the period of incarceration by the petitioner from the date of his arrest i.e. 05.07.2022, this Court is inclined to grant bail to the petitioner. 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 blood related sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.III, Erode, and on further 2/4

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 twice daily at 10.30 a.m. and 5.30 p.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 5560].

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

04.08.2022 mpl 3/4

G.K.ILANTHIRAIYAN, J.

mpl To 1.The Judicial Magistrate No.III, Erode.

2.The Sub Inspector of Police, South Police Station, Erode Erode District.

3.District Jail, Gopichettipalayam.

4.The Public Prosecutor, High Court of Madras.

Crl.O.P.No.18365 of 2022 04.08.2022 4/4