Saleem @ Saleem Jahafer v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29.10.2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY CRL OP(MD)No.18740 of 2024 Saleem @ Saleem Jahafer ... Petitioner/Accused No.2 Vs The Inspector of Police, Adirampattinam Police Station, Thanjavur District.
Crime No.190 of 2023 ... Respondent/Complainant For Petitioner : Mr.K.Mahendran Advocate.
For Respondent : Mr.A.Albert James Government Advocate (Crl. side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.190 of 2023 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent Police for the alleged offence under Sections 147, 148, 294(b), 341, 323, 324 and 506(ii) of IPC, in Crime No.190 of 2023, seeks anticipatory bail.
2. The case of the prosecution is that due to wordy quarrel between the parties, the petitioner is said to have attacked the defacto complainant and caused injury. Hence, the complaint.
3. Heard the learned counsel on either side and perused the material records of the case.
4. Considering the nature of allegation in this case that the occurrence is of the year 2023 and the injured being discharged at that time itself, the petitioner along with the other accused being granted anticipatory bail, but however, the petitioner went for his avocation abroad, did not execute the surety and only considering the progress of the case, I am inclined to enlarge the petitioner on anticipatory bail with certain conditions.
5. Accordingly, this Petition is allowed and the petitioner is ordered to be released on bail in the event of his arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Pattukkottai, on condition that the petitioner shall execute 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 respondent Police or to the Police Officer, who intends to arrest or 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 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., for a period of three weeks and thereafter as and when required for interrogation. It
is made clear that no extension of time will be granted and no relaxation of the condition for the said period will be entertained by this court; (c)the petitioner shall not tamper with 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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 29/10/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, PATTUKKOTTAI.
2 DO THROUGH, THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR AT KUMBAKONAM.
3 THE INSPECTOR OF POLICE, ADIRAMAPATTINAM POLICE STATION, THANJAVUR 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.K.MAHENDRAN, Advocate ( SR-13430[I] dated 30/10/2024 )
ORDER
IN CRL OP(MD) No.18740 of 2024 Date :29/10/2024 MGJ(23.11.2024) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023