Raja Mohamed v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.10.2024
CORAM
THE HONOURABLE MR. JUSTICE P.DHANABAL CRL.O.P.No.22496 of 2024 1.Raja Mohamed 2.Mohamed Mustafa ... Petitioners
Versus
The State represented by The Inspector of Police, J2 Adyar Police Station, Chennai.
(Crime No.595/AM1/2013) ... Respondent Prayer:- Criminal Original Petition filed under Section 482 of the BNSS, to enlarge the petitioners on anticipatory bail on the event of his arrest in PRC No.122/2014 pending on the file of the Hon'ble IV Metropolitan Magistrate Court, Saidapet, Chennai. For Petitioners :
Mr.I.Abdul Basith For Respondent :
Mr.S.Santhosh Government Advocate (Crl. Side) *********
ORDER
The petitioners, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 279, 337, 308 IPC r/w 109 IPC in Crime No.196 of 2024 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 24.11.2013 at 9.00 PM, when the Puducherry CM pilot driver was travelling in Scorpio car PY 01 G 9585 at CSI near Thomas English Church, the driver of Fortuner car bearing No. TN 06 J 2025 drove the car in a rash and negligent manner and collided the said pilot vehicle and consequently the Pondicherry CM car which was coming behind crashed into the Pilot Vehicle, there by the car driver sustained injuries. Hence this case.
3. The learned counsel for the petitioner would submit that already the Sessions Court by granted anticipatory bail to the petitioner through order dated 11.12.2013. However, the bond papers were misplaced by the trial Court, thereby the trial Court
insisted the petitioner to get anticipatory bail. Hence this petition is filed.
4. The learned Government Advocate (Criminal Side) also represented that as per the police records this petitioner was already released on bail as per order of Principal Sessions Court, Chennai through order in C.M.P.No.15907 of 2013 dated 11.12.2013.
5. This Court also sought for report from the concerned Magistrate and as per report no records available in respect of the sureties for A6 and A7. However, notes papers reveals that already these petitioners obtain anticipatory bail from the Principal Sessions Judge, Chennai. Therefore, once again this Court need not grant anticipatory bail, hence this Court is not inclined to grant anticipatory bail to the petitioners.
6. The learned Magistrate is directed to trace out the bail, bond papers. However, considering the facts and circumstances, the petitioners are directed to appear before the concerned Magistrate Court and execute the bond for a sum of Rs.10,000/-.
7. With the above observations, this criminal original petition is disposed of.
04.10.2024 rna To 1.The IV Metropolitan Magistrate Court, Saidapet, Chennai. 2.The Inspector of Police, J2 Adyar Police Station, Chennai.
3.The Public Prosecutor, High Court, Madras.
P.DHANABAL,J.
rna 04.10.2024