CRL OP/20854/2020 of JAFFER SHATHIK Vs STATE REP BY on 30 December 2020

1. Jaffer Shathik2.Saleem

3. Safiyullah

4. Abdul Santhar

5. Hussain @ Jahir Hussain.. PetitionersVs.

The State rep. by The Inspector of PoliceNorth Police StationTiruppur CityCr.No.2543 of 2020.. Respondent Prayer: Criminal Original Petition filed under Section 438 of CriminalProcedure Code, praying to enlarge the petitioners on bail in theevent of their arrest in Crime No.2543 of 2020 pending investigationon the file of the respondent police.

For Petitioners: Mr.K.SudhakarFor Respondent: Mr.M.Mohamed Muzammil Government Advocate (Crl.Side)

O R D E R(The case has been heard through video conference)

The petitioners, who apprehend arrest at the hands of therespondent police for the alleged offences under Sections 147, 148,294(b), 323, 324, 326 and 506(ii) of IPC in Crime No.2543 of 2020 onthe file of the respondent police, seek anticipatory bail.

2. Heard both sides.

3. It is seen from the submissions made by the learned counselfor the petitioners and the learned Government Advocate (CriminalSide) that in a road accident between the de-facto complainant partyand also the petitioners, there were scuffle between the two partieswhich resulted in some persons from both sides suffering injuries.https://hcservices.ecourts.gov.in/hcservices/It is also submitted that the petitioners were not responsible for causing injuries to the persons on the opposite camp. The injured issaid to have been discharged from the hospital and investigationalmost completed.

4. Considering the facts and circumstances of the case and alsothe fact that the injured has been discharged from the hospital andinvestigation almost completed, this Court is inclined to grantanticipatory bail to the petitioners subject to the followingconditions:

5. Accordingly, the petitioners are ordered to be released onbail in the event of arrest or on their appearance, within a period offifteen days from the date of receipt of a copy of this order, beforethe learned Judicial Magistrate No.I, Tirupur, on condition that thepetitioners shall execute a separate bond for a sum of Rs.10,000/-(Rupees ten thousand only) with two sureties each for a like sum tothe satisfaction of the respondent police or the police officer whointends to arrest or to the satisfaction of the learned Magistrateconcerned and on further condition that:

[a] the sureties shall affix their photographs and Left ThumbImpression in the surety bond and the Magistrate may obtain a copy oftheir Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioners shall report before the respondent policedaily at 10.30 a.m for a period of two weeks and thereafter, as andwhen required for interrogation.

[c] the petitioners shall not tamper with evidence or witnesseither during investigation or trial.

[d] the petitioners shall not abscond either during investigationor trial.

[e] On breach of any of the aforesaid conditions, the learnedMagistrate/Trial Court is entitled to take appropriate action againstthe petitioners in accordance with law as if the conditions have beenimposed and the petitioners released on bail by the learnedMagistrate/Trial Court himself as laid down by the Hon'ble SupremeCourt in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[f] If the accused thereafter absconds, a fresh FIR can beregistered under Section 229-A IPC.

-sd/-

This order, on being produced, be punctually observed and carried intoexecution by all concerned Sub-Assistant Registrar (Statistics/C.S.)https://hcservices.ecourts.gov.in/hcservices/ High Court, Madras - 600 104.

TO

1 THE JUDICIAL MAGISTRATE,NO.I, TIRUPPUR.

2 THE CHIEF JUDICIAL MAGISTRATETIRUPPUR [FOR INFORMATION]

3 THE PUBLIC PROSECUTORHIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, NORTH POLICE STATION, TIRUPUR CITY, TIRUPUR DISTRICT. +1 CC to M/S. K.SUDHAKAR Advocate on payment of necessary chargesSR.No.8743 CRL OP.20854/2020 Date :30/12/2020cs 06/01/2021