Allowed

Navas Sharif v. the State Rep.by

Madras HC24 Nov 2021CRL OP/22264/2021

Case brief

AI extract

What is this about?

The Court granted bail to three petitioners facing charges of voluntary injury and attempted murder. The petitioners had been in custody since November 11, 2021. The investigation was near completion, and the injured party had been discharged, leading the Court to release them on bail with conditions.

What did the court decide?

Petitioners ordered to be released on bail by executing a separate bond for a sum of Rs. 10,000 along with two sureties on specified conditions.

Navas Sharif Vs the State Rep.by — Murder and Culpable Homicide | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 24.11.2021

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CORAM:

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THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI

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Crl.O.P.No.22264 of 2021

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Navas Sharif

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...Petitioners

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Mohamed Mubeen

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M.Ibrahim

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Vs.

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The State rep by The Inspector of Police, Mettupalayam Police Station, Coimbatore District. (Crime No.1163 of 2021) ...Respondent

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PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioners on bail in connection with Crime No.1163 of 2021 on the file of the respondent police.

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For Petitioners : Mr.G.Sankaran

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For Respondent : Mr.N.S.Suganthan Government Advocate

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ORDER

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(The case has been heard through video conference)

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The petitioners who were arrested on 11.11.2021 and remanded to judicial custody for the offences under Sections 341, 307 and 120(B) of IPC, in Crime No.1163 of 2021, on the file of the respondent police, seek bail.

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The case of the prosecution is that the petitioners had waylaid the defacto complainant and attacked him with iron rod and caused injuries. Hence, the complaint.

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The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He further submitted that the petitioners have been in jail from 11.11.2021. Hence he prays for grant of bail to the petitioners.

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

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The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the injured person has been discharged from the hospital and the investigation is almost completed. However, he vehemently opposed for grant of bail to the petitioners.

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Considering the fact that the injured person has been discharged from the hospital and the investigation is almost completed and also considering the period of incarceration suffered by the petitioners, this Court is inclined to grant bail to the petitioners with certain conditions.

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Accordingly, the petitioners are ordered to be released on bail on their executing a separate 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 learned Judicial Magistrate, Mettupalayam, and on further conditions that:

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(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;

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(b)the petitioners shall report before the respondent police on every Saturday at 10.30 a.m., until further orders.

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(c)the petitioners shall not tamper with evidence or witness either during investigation or trial;

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(d)the petitioners shall not abscond either during investigation or trial;

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(e)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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;

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(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

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-sd/-

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24/11/2021

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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.) High Court, Madras - 600 104.

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

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1 THE JUDICIAL MAGISTRATE, METTUPALAYAM

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2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE [FOR INFORMATION]

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3 THE INSPECTOR OF POLICE, METTUPALAYAM POLICE STATION, COIMBATORE DISTRICT.

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4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

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5 THE OFFICER INCHARGE SUB JAIL, UDUMALAIPET

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+1CC to M/S. G.SANKARAN Advocate on payment of necessary charges SR.No.13382

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CRL OP.22264/2021 Date :24/11/2021

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APN 24/11/2021

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

Navas Sharif v. the State Rep.by

Case brief

What is this about?

What did the court decide?

Navas Sharif v. the State Rep.by

Case brief

What is this about?

What did the court decide?

What the court decided

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