Madras High CourtCRL OP(MD)/8399/2017partly allowed

Abdul Hak v. Te Inspector Of Police

2017-07-05Honourable Mr Justice A.M. Basheer Ahamed3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifth day of July Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.8399 of 2017 1 ABDUL HAK 2 ANAAS 3 RAJAMANICKAM 4 ABDUL RASEETHU 5 HABEEF RAHMAN ... PETITIONERS 1 to 3 RANK NOT KNOWN / ACCUSED NO.33 & 34 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE ATHIRAMPATTINAM POLICE STATION, THANJAVUR DISTRICT.

CR.NO.115/2017 ... RESPONDENT / COMPLAINANT For Petitioners : M/S.B.JAMEEL ARASU Advocate For Respondent : MR.A.RAMAR Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who were arrested and remanded to judicial custody on 14.05.2017, for the offences punishable under Sections 11 (1)(a) r/w 3 of Passport Act, 1967 and Section 5(1)(a) of Foreigners Order, 1948 r/w 14 of Foreigners Act, 1946 and Sections 420 and 120 (b) of IPC., in Crime No.115 of 2017, on the file of the respondent police, seek bail.

2. The case of the prosecution is that there are 13 number of Burma Refugees, who were stayed at Athiramapattinam nearby the coastal area, illegally went to Sri Lanka through Boats, without proper permission and Visa from the concerned Authorities and they were intercepted by the Sri Lankan Navy. He would further submit that petitioners herein have assisted the above Refugees to go to Sri Lanka illegally through boats.

3. The learned counsel appearing for the petitioner states that the petitioners are Indian Citizen and they have never assisted or co-operated in the said illegal act of transporting them to Sri Lanka by Boats, as stated by the prosecution.

4. The learned Additional Public Prosecutor appearing for the respondent, on instructions, would submit that FIR was registered against 34 named accused in this case. The petitioner Nos.4 and 5 are arrayed as A.33 and A.34 respectively. As per the confession given by the Petitioner Nos.4 and 5, the petitioner Nos.1 to 3 and also one Kumar and Abdul Rahman are implicated in this case. The petitioners were arrested on 14.05.2017 and they are now in judicial custody. Apart from the petitioners herein one Abdul Rahman and Kumar are to be arrested in this case and the investigation is in preliminary stage. He would further submit that petitioner Nos.1 to 3 are not having any permanent residence and they have assisted the petitioner Nos.4 and 5 in transporting Burma Refugees illegally through boat. He also submitted that the earlier bail application moved on behalf of the petitioners in Crl.O.P(MD)No.6886 of 2017 was dismissed by this Court, as per order, dated 14.06.2017.

5. Considering the above facts and circumstances of the case and also considering the fact that Petitioner Nos.1 to 3 are implicated, as per the confession given by A4 and A5, who are named accused in the FIR and also the period of incarceration of the petitioner Nos. 1 to 3, this Court is inclined to grant bail only to the petitioner Nos. 1 to 3, subject to certain conditions.

6. Accordingly, the petitioner Nos.1 to 3 are ordered to be released on bail on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Pattukottai, Thanjavur District, and on further condition that: [a] the petitioner Nos.1 to 3 shall report before the respondent police daily at 10.30 a.m., until further orders, for interrogation.

[b] the petitioner Nos.1 to 3 shall not tamper with evidence or witness either during investigation or trial. [c] the petitioner Nos.1 to 3 shall not abscond either during investigation or trial.

[d] 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 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].

7. This Criminal Original Petition stands dismissed only in respect of Petitioner Nos. 4 and 5 are concerned. sd/- 05/07/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, PATTUKOTTAI, THANJAVUR DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTIRCT AT KUMBAKONAM.

3 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

4 THE INSPECTOR OF POLICE, ATHIRAMPATTINAM POLICE STATION, THANJAVUR DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.B.JAMEEL ARASU Advocate SR.No.25903

ORDER

IN CRL OP(MD) No.8399 of 2017 Date :05/07/2017 MKV-PM-PN-SAR 4/5.7.2017/3P-7C