Syed Abdul Rahman v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.11.2021
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.21964 of 2021
1. Syed Abdul Rahman
2. Shaik Meeran
3. Syed Ibrahim
4. S.Mohamed Haja Rizwan ... Petitioners Vs.
The State Rep. by Inspector of Police, Mambalam Police Station, Chennai.
(Crime No.716 of 2021) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 438 of Cr.P.C praying to enlarge the petitioner on bail in the event of his arrest by the respondent police in connection with the Crime No. 716 of 2021 on the file of the respondent Police. For petitioners : Mr.Mohammed Riyaz for Mr.G.Nareshkumar For Respondent : Mr.N.S.Suganthan Government Advocate
ORDER
(The case has been heard through video conference) The petitioners, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 341, 294(b), 324,506(ii) of IPC in Crime No.716 of 2021 seek anticipatory bail.
2. The case of the prosecution is that following a wordy quarrel due to property dispute, the petitioners assaulted the defacto complainant and criminally intimidated him.
3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case.
4.The learned Government Advocate submitted that the injured has been discharged from the hospital .
5.Taking into consideration, the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions. 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the XVII Metropolitan Magistrate, Saidapet, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only), with two sureties 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 report before the respondent police as and when required for interrogation.
[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioners 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 persons thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
-sd/- 19/11/2021 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 XVII METROPOLITAN MAGISTRATE, SAIDAPET 2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI 3 THE INSPECTOR OF POLICE, MAMBALAM POLICE STATION, CHENNAI 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S.G.NARESHKUMAR Advocate on payment of necessary charges SR.No.13217 CRL OP.21964/2021 Date :19/11/2021 APN 23/11/2021