Fajrudeen v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/05/2022 PRESENT THE HON'BLE MRS JUSTICE T.V.THAMILSELVI Fajrudeen ... Petitioner/Accused - 6 Vs.

The State rep. by The Inspector of Police, Bazaar Police Station, Ramanathapuram District.

Crime No.155 of 2022.

... Respondent/Complainant For Petitioner : Mr.J.Sulthan Basha, Advocate.

For Respondent : Mr.B.Nambi Selvan, Additional Public Prosecutor.

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :-For Anticipatory Bail in Crime No.155 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused, apprehending arrest at the hands of the respondent police for the offences punishable under sections 147, 341, 294(b), 353 and 506(ii) r/w 109 IPC, in Crime No.155 of 2022, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner has been involved in Crime No.150 of 2022 for the offence under Section 379 IPC r/w 21(4) of Mines and Minerals (Development and Regulation) Act, 1957 on the file of the respondent Police and the petitioner was granted anticipatory bail by this Court in Crl.OP(MD)No.8594 of 2022, dated 05.05.2022. Thereafter, the present case has been registered against him.

3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case.

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4.The learned Additional Public Prosecutor appearing for the respondent would submit that the investigation is still pending. 5.Considering the facts and circumstances of the case and also considering the nature of the charges levelled against the petitioner and also taking note of the fact that the petitioner has already been granted anticipatory bail by this Court, 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 of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Ramanathapuram on condition that the petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions 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 their Aadhaar card or bank pass book to ensure their identity.

[b]the petitioner shall report before the respondent police on every Wednesday and Saturday at 10.30 a.m., for a period of three months and thereafter, as and when required for interrogation. [c]the petitioner shall not tamper with the 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]. sd/- 19/05/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDICIAL MAGISTRATE NO.I, RAMANATHAPURAM 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT.

3 THE INSPECTOR OF POLICE BAZAAR POLICE STATION, RAMANATHAPURAM DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-4997[I] dated 23/05/2022 )

ORDER

IN CRL OP(MD) No.9626 of 2022 Date :19/05/2022 das MK/PN/SAR.IV/23.05.2022/3P/6C 3/3