Allowed

Fasith Ali Rahman v. the State Rep by Its

Madras HC28 Mar 2022CRL OP/6030/2022

Case brief

AI extract

What is this about?

In a Cri. OriginalPetition under Section 438 Cr.P.C., the Madras High Court granted anticipatory bail to petitioners facing arrest in an IPC case arising from a landlord-tenant dispute, subject to strict surrender and reporting conditions.

What did the court decide?

Petitioners released on bail with execution of bonds for Rs.25,000/- each with two sureties, mandatory surrender within 7 days, and strict adherence to reporting and conduct conditions.

Fasith Ali Rahman Vs the State Rep by Its — Anticipatory Bail | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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( Criminal Jurisdiction )

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Monday, the Twenty Eighth day of March Two Thousand Twenty Two

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PRESENT

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The Hon`ble Dr Justice G. JAYACHANDRAN

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CRIMINAL ORIGINAL PETITION No.6030 of 2022

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1 FASITH ALI RAHMAN [ PETITIONERS / ACCUSED ] 2 NAZIR AHAMMED 3 MOHAMMED YASIN

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4 JAGABER ALI

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5 SHIEK SATHAR

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6 NAJIBUDDIN

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7 RAMESH

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8 SADHASIVAM

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THE STATE REP BY ITS, [ RESPONDENT ] THE INSPECTOR OF POLICE, MAYILADUTHURAI POLICE STATION, MAYILADUTHURAI.

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(CRIME NO.13 OF 2022)

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For Petitioners : M/S.M.R.FRANKLIN Advocate

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For Respondent : MR.S.SANTHOSH, Govt. Advocate (Crl. Side)

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PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

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ORDER : The Court Made the following order :-

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The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 294(b), 448, 380 & 506(i) of IPC in Crime No.13 of 2022, on the file of the respondent police, seek anticipatory bail.

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A dispute between the landlord and tenant, while Civil suit is already pending, attempted forceful eviction has lead to registration of this complaint.

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

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Considering the facts of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

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Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of seven days from the date of receipt of a copy of this order, before the Learned Judicial Magistrate No.I, Mayiladuthurai on condition that each of the petitioners shall execute a separate bonds for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only), with two sureties each 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 and on further condition that:

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(a) if the petitioners failed to surrender before the concerned Magistrate within a period of 7 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

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(b) the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

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

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(e)the petitioners 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 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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(g)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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28/03/2022

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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.)

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High Court, Madras - 600 104.

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

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1 THE JUDICIAL MAGISTRATE, NO.I, MAYILADUTHURAI

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2 THE CHIEF JUDICIAL MAGISTRATE NAGAPATTINAM [FOR INFORMATION]

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3 THE INSPECTOR OF POLICE, MAYILADUTHURAI POLICE STATION, MAYILADUTHURAI.

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4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

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CC to M/S.M.R.FRANKLIN Advocate on payment of necessary charges

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CRL OP.6030/2022

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Date :28/03/2022 JPA 01/04/2022

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

Fasith Ali Rahman v. the State Rep by Its

Case brief

What is this about?

What did the court decide?

Fasith Ali Rahman v. the State Rep by Its

Case brief

What is this about?

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