Daveeth Ibrahim @ Dawood Ibrahim v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29.10.2021 PRESENT The Hon`ble Mrs.Justice S.ANANTHI Daveeth Ibrahim @ Dawood Ibrahim ... Petitioner/Sole Accused Vs State rep.by its The Inspector of Police, Kenikkarai Police Station, Ramanathapuram District.

(Crime No.763 of 2021)

...Respondent/Complainant

For Petitioner : Mr.C.Susi Kumar,Advocate For Respondent : Mr.A.Thiruvadikumar Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.763 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused, who was arrested on 02.10.2021 for the alleged offence under Section 25(1)(a) of the Arms Act, in Crime No.763 of 2021 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner was in illegal possession of sword and made threat to the public. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He would also submit that the petitioner is in jail from 02.10.2021 and hence, he seeks for grant of bail. 4.The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner is having one previous case.

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5.Though the petitioner is having one previous case, considering the age of the petitioner and the period of incarceration, this Court is inclined to grant bail to the petitioner.

6.Accordingly, the petitioner is ordered to be released on bail on his executing 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 Judicial Magistrate No.II, Ramanathapuram and on further condition that: [a] 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 petitioner shall report before the respondent police daily at 10.30 a.m., until further orders, for interrogation. [c]the petitioner shall not abscond either during investigation or trial.

[d]the petitioner shall not tamper with evidence or witness 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]. [f]If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 29/10/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

gns 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.

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TO 1 THE JUDICIAL MAGISTRATE NO.II, RAMANATHAPURAM.

2 DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM.

3 THE INSPECTOR OF POLICE KENIKKARAI POLICE STATION, RAMANATHAPURAM DISTRICT.

4 THE OFFICER INCHARGE BORSTAL SCHOOL, THIRUPATHUR.

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

ORDER

IN CRL OP(MD) No.16719 of 2021 Date :29/10/2021 PKP/PN/SAR-2/29.10.2021/3P/6C 3/3