K. Abu Sameer Ali v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/05/2022 PRESENT The Hon`ble Mr.Justice M.DHANDAPANI

1. K.Abu Sameer Ali

2. Maheen Abubucker @ Mohamed Mahein Abubacker

3. Safeek

4. Mohaideen Babu

5. Mohammed Bavas

6. Mohammed Habeeb

7. Jaleel @ Mohamed Jaleel

8. Mohammed Ali Mahzhari

9. Jashir

10. Shajith

11. Paisal Babu

12. Rasulsha

13. Natheem

14. Sulaiman @ Mohamed Sulaiman

15. Syed Ali ... Petitioners/Accused 1 to 15 Vs The State rep.by The Inspector of Police, Kanyakumari Police Station, Kanyakumari District.

Crime No. 147 of 2022.

... Respondent/Complainant For Petitioner : M/s.JEGADEESWARAN.R, Advocate.

For Respondent : Mr.K.SANJAY GANDHI, Government Advocate (Crl.Side) 1/3

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 147 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners/A1 to A15, who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 147, 148, 294(b), 324, 379 and 506(ii) IPC in Cr.No.147 of 2022, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that there was a dispute arose between the petitioners and the de-facto complainant. At that time, the petitioners attacked the de-facto complainant with iron rod and snatched his I-phone. Hence, the law enforcing agency registered a case against the petitioners.

3.The learned counsel appearing for the petitioners would submit that the petitioners did not commit any offence as alleged by the prosecution and they are innocents. It is a case in counter case.

4.The learned Government Advocate (Crl.side) appearing for the respondent police would submit that the injured person in this case has been discharged from the hospital.

5.Considering the facts and circumstances of the case and also considering the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners.

6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court No.1, Nagercoil, Kanyakumari District, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties (common 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 and on further condition that:

(a)the petitioners and 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 petitioners shall report before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter, as and when required for interrogation; (c)the petitioners shall not tamper with evidence or witness either during investigation or trial; 2/3

(d)the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 11/05/2022 / TRUE COPY / 12/05/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

TO 1 THE JUDICIAL MAGISTRATE NO.I, NAGERCOIL, KANYAKUMARI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

3 THE INSPECTOR OF POLICE, KANYAKUMARI POLICE STATION, KANYAKUMARI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S. JEGADEESWARAN.R Advocate SR.No.4570

ORDER

IN CRL OP(MD) No.8980 of 2022 Date :11/05/2022 SA/JM/SAR.2/12.05.2022/3P/6C 3/3