Imran Khan v. The Union Of India Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.11.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN Imran Khan ... Petitioner Vs.
1.The Union of India Rep. by the Inspector of Police, National Investigation Agency, Chennai Branch 2.The State of Tamil Nadu, Rep. by the Secretary to Government, Home, Prohibition and Excise department, Secretariat, Chennai 600 009.
3. The Superintendent of Prison, Central Prison, Puzhal I, Chennai.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus directing the respondents to release the petitioner's brother, namely Yasar Arafath S/o.Anwar Ali, aged about 35 years, now confined in the Central Prison, Puzhal I on interim bail for a period of 15 days.
For Petitioner : Mr.I.Abdul Basith For Respondents : Mr.R.Karthikeyan Special Public Prosecutor for NIA/1st respondent
: Mr.R.Muniyapparaj Additional Public Prosecutor for R2 and R3
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) The Writ of Mandamus has been instituted to direct the respondents to release the petitioner's brother viz., Yasar Arafath S/o.Anwar Ali, aged about 35 years, presently confined at Central Prison, Puzhal I, on interim bail for a period of 15 days.
2.The brother of the petitioner was arrested on 22.09.2022 in connection with RC No.42/2022/NIA/DLI dated 19.09.2022. He is Accused No.8 and remanded to Judicial custody and confined at Central Prison, Puzhal I. 3.Mr. I.Abdul Basith, learned counsel for the petitioner would submit that father of the prisoner died on 26.11.2024 at about 5.00 p.m. Intimation was provided to the prison authorities. Since decision is yet to be taken, the present writ petition came to be instituted.
4.The learned Special Public Prosecutor appearing for NIA would submit that no serious objection for grant of interim bail for 7 days with escort.
5. Considering the fact that the father of the prisoner died on 26.11.2024, we are inclined to grant interim bail with escort for the prisoner viz., Yasar Arafath, for 8 days commencing from today i.e on 27.11.2024 at 5.00 p.m, on condition that the prisoner shall not make any derogatory speeches and he will have interaction only with his family members and relatives. The prisoner shall surrender before the jail authorities on expiry of 8 days interim bail period on 05.12.2024 at 5.30 p.m.
6. This writ petition stands disposed of accordingly. No costs. The Registry is directed to communicate copy of this order to the Central Prizon, Puzhal I, through email immediately.
[S.M.S., J.] [M.J.R., J.] Index: Yes/No 27.11.2024 Speaking/Non-speaking order rka Note : Issue order copy on 27.11.2024
To 1.The Union of India Rep. by the Inspector of Police, National Investigation Agency, Chennai Branch 2.The State of Tamil Nadu, Rep. by the Secretary to Government, Home, Prohibition and Excise department, Secretariat, Chennai 600 009.
3. The Superintendent of Prison, Central Prison, Puzhal I, Chennai.
4. The Public Prosecutor High Court of Madras.
S.M.SUBRAMANIAM, J.
AND M.JOTHIRAMAN, J.
rka 27.11.2024