Madras High CourtCRL OP(MD)/15085/2022interim bail

Shakil Ahamed v. The Superintendent Of Customs

2022-08-20Honourable Mr Justice K.Murali Shankar2 pages

CRL OP(MD) No.15085 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Saturday, the Twentieth day of August Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD) No.15085 of 2022 SHAKIL AHAMED ... PETITIONER/ ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY, THE SUPERINTENDENT OF CUSTOMS AIR INTELLIGENCE UNIT (AIU), MADURAI AIRPORT, MADURAI (CASE OR. NO. 01 OF 2022) ... RESPONDENT/COMPLAINANT For Petitioner : M/S. SULTHAN BASHA.J. Advocate For Respondent : M/S.C.ARUL VADIVEL @ SEKAR SPECIAL PUBLIC PROSECUTOR FOR CUSTOMS PETITION FOR BAIL Under Sec. 439 Cr.P.C.

PRAYER:

TO ENLARGE THE PETITIONER ON INTERIM BAIL FOR PERIOD OF 2 DAYS (SUNDAY AND MONDAY) IN CONNECTION WITH THE OR NO. 01 OF 2022 ON THE FILE OF THE RESPONDENT POLICE AND PASS SUCH OTHER ORDERS AS THIS HON`BLE COURT.

ORDER : The Court Made the following order :- This interim bail petition is filed urgently on the ground that the petitioner's younger brother viz., Sharuk Mubin died on 19.08.2022. This case was registered for the offences under Sections 8(c), 21, 23c, 29 of NDPS Act, in OR No.1 of 2022. The Petitioner is in judicial custody from 12.01.2022.

2. Mr.Arul Vadivel @ Sekar, learned Special Public Prosecutor appearing for the respondent through phone call would submit that interim bail may be granted subject to the petitioner being escorted by the police.

3. Without going into the merits of the case, considering the death of the petitioner's younger brother, this Court is of the considered view that the petitioner may be granted interim bail to facilitate him to perform the Faithiya (Prayer) of his younger brother Late Sharuk Mubin. Accordingly, the petitioner is granted interim bail from 21.08.2022 at 04.00 p.m., to 22.08.2022 at 04.00 p.m., and the petitioner namely Shakil Ahamed, S/o Jawahar, 14-22A, https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD) No.15085 of 2022 Meenakshi Nagar, 5th East Cross Street, Villapuram, Madurai - 625 012, now residing at No.1, Arunjunai Nagar, High School Stop, Avaniyapuram, Madurai -12, (now confined at Central Prison, Madurai) is ordered to be released on interim bail on 21.08.2022 at 04.00 p.m., on his executing a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand Only) with one surety for a like sum to the satisfaction of the Superintendent, Central Prison, Madurai.

4. The Superintendent, Central Prison, Madurai is hereby directed to release the petitioner on executing surety to his satisfaction forthwith. It is made clear that the petitioner shall surrender before the concerned Prison on or before 22.08.2022 at 04.00 p.m without fail. Further the petitioner/accused shall be released on bail with escort for attending the Faithiya (Prayer) of his younger brother. The petitioner shall bear the expenses for the escort.

5. The Superintendent of Central Prison, Madurai is directed to file a compliance report before the regular Court on 23.08.2022.

6. For Reporting Compliance, post the matter before this Court on 23.08.2022.

sd/- 20/08/2022 / TRUE COPY / 20/08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

1. THE JUDGE, SPECIAL COURT FOR NDPS ACT CASES, MADURAI. 2.THE SUPERINTENDENT OF CUSTOMS AIR INTELLIGENCE UNIT (AIU), MADURAI AIRPORT, MADURAI 3.THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 4.THE SPECIAL PUBLIC PROSECUTOR FOR CUSTOMS, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S. SULTHAN BASHA.J. Advocate SR.No.8735

ORDER

IN CRL OP(MD) No.15085 of 2022 Date :20/08/2022 RD/SAR-III(20/08/2022) 2P 6C https://www.mhc.tn.gov.in/judis 2/2