Syed Mohammed Ikram v. The State Rep By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.08.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Syed Mohammed Ikram @ Ikram

...Petitioner

Vs.

The State rep by, The Inspector of Police, Tiruppur Central Police Station, Tiruppur District.

(Crime No.674 of 2021 ..Respondent PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in connection with the case in Crime No.674 of 2021 on the file of the respondent police. For Petitioner : Mr.R.Prakash For Respondent : Mr.A.Damodaran, Additional Public Prosecutor 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 05.06.2021 for the offences punishable under Sections147, 148, 302, 120b read with Section 34 of IPC in crime No.674 of 2021 on the file of the respondent police, seeks bail.

2. The learned counsel for the petitioner submitted that already the trial Court had granted bail to the petitioner on 08.09.2021. Thereafter, the petitioner was detained under Goondas Act on 26.08.2021. Thereafter, the prosecution filed petition for cancelling the bail and the same was allowed and hence the petitioner was arrested and remanded to judicial custody on 05.06.2021. Hence, he prays for grant of bail to the petitioner.

3. The learned Additional Public Prosecutor appearing for the respondent would submit that charge sheet had already been laid and it is pending for committal in P.R.C.No.25 of 2022. Hence, he opposed for grant of bail to the petitioner.

4. Considering the above facts and circumstances of the case 2/6

and also the period of incarceration by the petitioner, from the date of his arrest i.e., 05.06.2021, this Court is inclined to grant bail to the petitioner.

5. 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 sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate Court -II, Tiruppur 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 stay at Chennai and report before Saidapet Police Station daily at 10.30.a.m., and thereafter report before the respondent police twice daily at 10.30 a.m. and 5.30 p.m. for a period of six weeks and thereafter as and when required for interrogation.

[c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner shall not tamper with evidence or witness 3/6

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.

05.08.2022 Sma 4/6

To

1. Judicial Magistrate Court -II, Tiruppur.

2.The Inspector of Police, Tiruppur Central Police Station, Tiruppur District.

3.Central Prison, Coimbatore.

4.The Public Prosecutor, High Court of Madras.

5/6

G.K.ILANTHIRAIYAN, J.

Sma Crl.O.P.No.18532 of 2022 05.08.2022 6/6