D.Hameed Basha v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated :11.01.2021 CORAM :
THE HON'BLE MR. JUSTICE V.BHARATHIDASAN Crl.O.P.No.20704 of 2020 D.Hameed Basha ... Petitioner Vs.
State Rep. By ... Respondent The Inspector of Police, M-8, Sathangadu Police Station, Chennai - 600 068.
(Crime No.2401 of 2020) PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge Bail to the petitioner in the event of apprehending arrest in Crime No.2401 of 2020 pending on the file of the respondent.
For Petitioner : Mr.K.Balasubramaniam For Respondent : Mr.S.Karthikeyan Addl. Public Prosecutor
ORDER
(The case has been heard through video conference) The petitioner, who apprehends arrest for the alleged offence under Sections 457, 380 of IPC, in Crime No.2401 of 2020, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner has stolen 13 goats from the defacto complainant's goat Farm. Hence, the complaint was registered.
3. The learned counsel for the petitioner submitted that a false case has been foisted against the petitioner and he has nothing to do with the alleged offence. Hence, he prays for grant of anticipatory bail to the petitioner.
4. The learned Additional Public Prosecutor submitted that there are no previous cases pending against the petitioner and all the goats were recovered.
5. Taking into consideration, the facts and circumstances of the case that there are no previous cases pending against the petitioner, this Court is inclined to grant anticipatory bail to
the petitioner with certain conditions.
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 on which the order copy is made ready, before the learned Judicial Magistrate, Tiruvottiyur, on condition that each of the petitioner shall execute a separate 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 petitioner 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 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 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].
[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 11/01/2021 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, TIRUVOTTIYUR.
2 THE CHIEF JUDICIAL MAGISTRATE, THIRUVALLUR [FOR INFORMATION].
3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, M-8 SATHANGADU POLICE STATION, CHENNAI 600 068.
+1 CC to M/S. K.BALASUBRAMANIAM Advocate on payment of necessary charges SR NO. 402 CRL OP.20704/2020 Date :11/01/2021 MN-20/01/2021