Navas Ali v. Home, Prohibition And Excise Department
A.D.JAGADISH CHANDIRA, J.
Apprehending arrest in connection with Crime No.300 of 2024 registered for the offences punishable under Sections 294(b), 323, 506 (ii) of IPC, the present petition has been filed seeking anticipatory bail.
2. The case of the prosecution is that, on 07.06.2024, when the defacto complainant and others were discussing about forming an administration for Jamat at Mambedu Mosque, at about 1.30 p.m., the petitioner along with other accused trespassed into the premises, abused and threatened them with dire consequences and one Raja Mohammed assaulted the defacto complainant on his head. Hence the case.
3. Pleading innocence on the part of the petitioner, false implication in the case, learned counsel for the petitioner seeks indulgence of this court. He would further submits that the petitioner is ready to abide by any stringent condition that may be imposed by this Court.
4. The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for
grant of anticipatory bail, is that, when the defacto complainant along with others were discussing about forming an administration for Jamat at Mambedu Mosque, at that time, the petitioner along with other accused abused and attacked the defacto complainant and caused injury. He would further submit that the petitioner has no previous case.
5. Having heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record, 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 made ready, before the learned Judicial Magistrate-II, Tambaram, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen 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 his Aadhar card or Bank pass Book to ensure their identity;
[b] the petitioner shall report before the respondent police daily at 7.00 p.m., for a period of one week, thereafter, on every Saturday at 7.00 p.m., for a period of four 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 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 269 of B.N.S.
27.11.2024 dsn
A.D.JAGADISH CHANDIRA, J.
dsn 27.11.2024