Allowed

Kaja@Kaja Mohideen v. State Rep by Its

Madras HC5 Jan 2021CRL OP/20909/2020

Case brief

AI extract

What is this about?

Criminal Original Petition under Section 438 CrPC seeking anticipatory bail for alleged offences under IPC Sections 294(b), 324, and 506(ii). The High Court granted bail subject to conditions including appearance, non-tampering with evidence, and compliance with police summons.

What did the court decide?

Petitioner released on bail in event of arrest subject to execution of bond with sureties, appearance within 15 days, non-tampering with evidence, and non-absconding.

Kaja@Kaja Mohideen Vs State Rep by Its — Anticipatory Bail | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 05.01.2021

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CORAM :

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THE HON'BLE MR. JUSTICE V.BHARATHIDASAN Crl.O.P.No.20909 of 2020

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Kaja @ Kaja Mohideen

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... Petitioner

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Vs. The State Rep. by its The Inspector of Police, D-3,Ice House Police Station, (Crime No.471 of 2016) ... Respondent PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code praying to enlarge the petitioner on bail in the event of his arrest in Crime No.471 of 2016 pending investigation on the file of the Respondent.

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For Petitioners : Mr.P.Thinesh For Respondent : Mr.S.Karthikeyan Addl.P.P O R D E R (The case has been heard through video conference)

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The petitioner/A3, who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 294(b), 324, and 506(ii) of IPC in Crime No.471 of 2016 on the file of the respondent police, seeks anticipatory bail.

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The case of the prosecution is that due to wordy quarrel, the petitioner along with other accused said to have abused the defacto complainant and assaulted him and also criminally intimidated him. Hence, the respondent police registered a case against the petitioner.

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The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner.

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The learned Additional Public Prosecutor appearing for the https://hcservices.ecourts.gov.in/hcservices/ respondent would submit that A1 and A2 already released on bail.

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Considering the fact that facts and circumstances of the case, and the fact that the occurrence has taken place in the year 2016 and also the fact that co-accused in this case has already been released on bail, this Court is inclined to grant anticipatory bail to the petitioner, subject to the following conditions:

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a) Accordingly, the petitioner is ordered to be released on bail, in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judge, Metropolitan Magistrate No.II, Egmore, Chennai, on condition that the petitioner shall execute a separate bond for a sum of Rs.10,000/- (Rupees ten thousand only)with two sureties, for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

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[b] 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.

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[c] the petitioner shall appear before the respondent police as and when required for interrogation.

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[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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[e] the petitioner shall not abscond either during investigation or trial.

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[f] 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].

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[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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With the above directions, this Criminal Original Petition is ordered.

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-sd/-

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05/01/2021

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This order, on being produced, be punctually observed and carried into execution by all concerned

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TRUE COPY

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Sub-Assistant Registrar (Statistics/C.S.) https://hcservices.ecourts.gov.in/hcservices/ High Court, Madras - 600 104.

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1 THE METROPOLITAN MAGISTRATE NO.II, EGMORE, CHENNAI

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2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATION]

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3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

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4 THE INSPECTOR OF POLICE,
D-3 ICE HOUSE POLICE STATION.

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CC to M/S. P.THINESH Advocate on payment of necessary charges

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CRL OP.20909/2020
Date :05/01/2021
cs 18/01/2021

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https://hcservices.ecourts.gov.in/hcservices/

Kaja@Kaja Mohideen v. State Rep by Its

Case brief

What is this about?

What did the court decide?

Kaja@Kaja Mohideen v. State Rep by Its

Case brief

What is this about?

What did the court decide?

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