V. Yousuf Jamal v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.12.2021

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.22704 of 2021 V.Yousuf Jamal

...Petitioner

Vs.

State represented by

...Respondent

The Inspector of Police Vaniyambadi Town Police Station (Crime No.625 of 2021) PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.625 of 2021 on the file of the respondent police. For Petitioner : Mr.T.Shanmugam For Respondent : Mr.N.S.Suganthan Government Advocate (Crl. Side)

ORDER

(The case has been heard through video conference) The petitioner who was arrested and remanded to judicial custody on 11.08.2021 for the offences under Sections 147, 148, 294(b) and 302 of IPC @ into Sections 147, 148, 294(b), 120(b), 302 IPC read with 34 of IPC, in Crime No.625 of 2021, on the file of the respondent police seeks bail.

2. The case of the prosecution is that the deceased and the 1st accused are friends. The deceased is alleged to have informed the police that the 1st accused is selling Ganja along with his partners. Hence, in order to wreck vengeance, the 1st accused along with other accused murdered the deceased. Hence, the complaint.

3. The learned Counsel for the petitioner submitted that the petitioner is an innocent and he has been falsely implicated in this case and that the petitioner has been been suffering incarceration for more than 110 days from 11.08.2021. Hence, he seeks for grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) raised objection stating that there are totally 21 accused in this case and the petitioner is arrayed as A21 and he is the one gave the car for the alleged occurrence. He would further submit that A1 to A8 and A12 to A15 have been detained under Goondas and that there is one sand theft case is pending against the petitioner.

5. Considering the fact that there is no proposal for Goondas against the petitioner and that the investigation is almost completed and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

6. 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, Vaniambadi, 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 report before the respondent police on daily at 10.30 a.m. until further orders.

(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 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]; and;

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 01/12/2021 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, VANIAMBADI, VELLORE.

2 THE CHIEF JUDICIAL MAGISTRATE VELLORE. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, VANIYAMBADI TOWN POLICE STATION, VELLORE DISTRICT.

5 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE.

CC to M/S. T.SHANMUGAM Advocate on payment of necessary charges CRL OP.22704/2021 Date :01/12/2021 TA-02/12/2021