Imran Basha vs State Of Tamil Nadu

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 30.12.2022 for the alleged offence punishable under Sections 174 of Cr.P.C and subsequently it was altered into Section 147, 302, 363, 120-B, 201, 364 read with 109 and 34 of IPC, in S.C.No.159 of 2023 on the file of the Principal District Court, Chengalpet, seeks bail.

The case of the prosecution is that the defacto complainant's father Mr.D.Masthan, aged about 66 years, appointed by the State Government as the vice-chairman of Tamil Nadu Minorities. The petitioner is the younger brother of deceased. The petitioner's son-in-law A1, who had received a sum of Rs.15 lakhs from the deceased and he did not repay the amount. However, due to a property dispute as well as money dispute, on 21.12.2022 at about 10.30 p.m. when the deceased went to Chengalpattu along with Mr.Imran Basha(A1), who was driving the care and other two accused, while crossing chengalpattu tollgate, at that time, A1's friends get into a car and they have closed the nose of deceased with a dowel, thereby he died due to shortness of breath. Thereafter, he was taken to a hospital and the doctors stated that he brought head. Accordingly, the complaint was registered against the petitioner.

The learned counsel for the petitioner submits that petitioner was in judicial custody for past 14 months and also final report was filed before the Trial Court in SC No. 159 of 2023. Further, he submits that co-accused were already released on bail. Hence, he prays to enlarge the petitioner on bail.

The learned Government Advocate (Criminal side) raised strong objection to release the petitioner on bail stated that the petitioner was ranked as A1 and he is actively participated in the alleged offence. However, he admits that final report was filed before the Trial Court and was taken on file in SC No. 159 of 2023 and also other accused were released on bail.

Considering the facts and circumstances of the case, the final report was filed before the Trial court in S.C . No. 159 of 2023 and also co-accused were released on bail, this Court is inclined to grant bail to the petitioner.

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Chengalpattu, and on further condition that:

(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;

(b)the petitioner shall report before the Trial Court on every Wednesday at 10.30 a.m., for a period of three months and thereafter, appear before the trial Court on every hearing dates without fail.

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

(d)the petitioners 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 petitioners 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.