Madras High CourtCRL OP(MD)/15424/2021ordered

Nagoor @ Sahul Hameed v. The Station House Officer

2021-10-08Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/10/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.15424 of 2021

1. Nagoor @ Sahul Hameed

2. Sakil

3. Masthan

4. Rasith @ Kamal Hussian @ Rasik

5. Mohaideen Raja

6. Abubacker

7. Syed Rafeek

8. Arsath

9. Kamal Afzal @ Abdul

10. Mohamed Jarith @ Javith

11. Ashif Rahuman @ Asif

12. Mohammed Agshin @ Akkashin

13. Sheik Fareeth ... Petitioners/Accused No.1 to 6 and 8 to 15 Vs The Station House Officer, Kanyakumari Police Station, Kanyakumari District (Crime No. 337 of 2021). ... Respondent/Complainant For Petitioner : M/s.Arun Swaminathan.RM, Advocate.

For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) For Intervenor : Mr.N.Mohaideen Basha Intervenor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 337 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 448, 427, 294(b), 323, 324, 506(2) IPC, in Crime No.337 of 2021, seek anticipatory bail.

2. The case of the prosecution is that on 24.03.2021, while burying a dead body in Kanyakumari Muslim Jamath, a dispute arouse between the petitioners and the defacto complainant, due to which, the petitioners attacked the defacto complainant with sticks and steel weapons. Therefore, the present case came to be registered. 3.The learned counsel for the petitioners submitted that the petitioners are innocents and they have been falsely implicated in this case. He further submitted that it is a case of case in counter.

4.The learned Government Advocate(Crl.side) appearing for the respondent police submitted that the investigation is yet to be completed.

5.Considering the facts and circumstances of the case, the nature of allegations against the petitioners and also the fact that it is a case in counter, this Court is inclined to grant anticipatory bail to the petitioners.

6.Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.1, Nagercoil, Kanyakumari District, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with common sureties for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that:

(a)the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity;

(b)the petitioners shall report before the respondent police as and when required for interrogation;

(c)the petitioners shall not tamper with the evidence or witness either during investigation or trial; (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/ petitioners thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

Sd/- 08/10/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

ssb 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.

1. THE JUDICIAL MAGISTRATE NO.1, NAGERCOIL, KANYAKUMARI DISTRICT.

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

3. THE STATION HOUSE OFFICER, KANYAKUMARI POLICE STATION, KANYAKUMARI DISTRICT.

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

ORDER

IN CRL OP(MD) No.15424 of 2021 Date : 08/10/2021 VB/VR/SAR-I/20.10.2021/3P/5C