Ubaideen @ Ubaidhullah v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Ubaideen @ Ubaidhullah, ... Petitioner/Accused No.3 Vs The Inspector of Police, Koodalpudur Police Station, Madurai City, Madurai District.
(Crime No.429 of 2024).
... Respondent/Complainant For Petitioner : Mr.M.Ajmal Khan, Senior Advocate, for M/s. Ajmal Associates, For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.429 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/A3, who was arrested and remanded to judicial custody on 1/5
09.08.2024 for the offences punishable under Sections 191(2), 191(3), 333, 296(b) and 351(3) of BNS, 2023, and Section 3 of TNPPDL Act, 1992 in Crime No.429 of 2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner along with other accused have trespassed into the house of the defacto complainant and abused him in filthy language by asking the whereabouts of one Gowtham. Further, they damaged his Car and two wheelers worth about Rs.3,00,000/-. Hence, the complaint. 3.Heard both sides.
4. Considering the nature of the allegations that the petitioner along with the other accused, trespassed into the house of the defacto complainant searching for one Gautaman and damaged his car and other properties worth about * Rs.30,000/- and considering the argument of the learned counsel for the petitioner that without prejudice to his contentions in the case, to show his bona fide, he is willing to deposit a sum of Rupees * Rs.30,000/- to the credit of the crime number and also considering the facts that there are no bad antecedents against the petitioner and he is in jail from 09.08.2024, this Court is inclined to grant bail to the petitioner on certain conditions. 5.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the 2/5
Judicial Magistrate No.IV, Madurai.
(i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; (ii) the petitioners shall deposit a sum of * Rs.30,000/- (Rupees Thirty Thousand only) to the credit of Crime No.429 of 2024, before the Judicial Magistrate concerned before the execution of sureties, without prejudice to his defence before the Trial Court.
(iii)the petitioner shall report before the respondent police daily at 05.30 p.m., for a period of three weeks and thereafter, as and when required for interrogation; (iv)the petitioner shall not tamper with evidence or witness; v)the petitioner shall not abscond during trial. vi)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]. 3/5
vii)If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
sd/- 30/08/2024 (*) Corrected as per order of this Court dated 02.09.2024 in CRL OP(MD) No.14376 of 2024) / TRUE COPY / 30/08/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
DSS TO TO BE SUBSTITUTED WITH THE ORDER DATED 30.08.2024 ALREADY DESPATCHED 1 THE JUDICIAL MAGISTRATE NO.IV, MADURAI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
3 THE OFFICER INCHARGE, SUB JAIL, THIRUMANGALAM, MADURAI.
4 THE INSPECTOR OF POLICE, KOODALPUDUR POLICE STATION, MADURAI CITY, MADURAI DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.M/S.AJMAL ASSOCIATES, Advocate ( SR-10707[I] dated 02/09/2024 ) 4/5
ORDER
IN CRL OP(MD) No.14376 of 2024 Date :30/08/2024 SA/SAR. /30.08.2024/5P/7C ED/SAR. /02.09.2024/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5