Inayathulla v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twentieth day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION Nos.17254 & 17274 of 2021 1 INAYATHULLA 2 GUDUBASHA 3 BASHA 4 YASIN 5 MEHABUBASHA 6 NIJAM 7 ASAN 8 THAJUDEEN 9 ANSAR 10 SHARUK [ PETITIONERS / ACCUSED IN CRL.O.P.No.17254 of 2021 ] 1 ANARKALI 2 AMEER JOHN 3 SAMSUDEEN 4 KANI 5 NASRIN 6 FATHIMABEE 7 SAMSATH 8 RISVANA 9 JAVITH 10 BASHA 11 ALAM 12 MUBARAK 13 MUGAMAD [ PETITIONERS / ACCUSED IN CRL.O.P.No.17274 of 2021 ] Vs THE INSPECTOR OF POLICE, SATHANUR DAM POLICE STATION, THIRUVANNAMALAI DISTRICT.

CRIME NO.259/2021 [ RESPONDENT IN BOTH THE PETITIONS]

For Petitioner : M/S.S. SILAMBU SELVAN Advocate [IN BOTH THE PETITIONS] For Respondent : MR. C.E.PRATAP, Govt. Advocate ( Crl. Side) [IN BOTH THE PETITIONS] PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners who apprehend arrest for the alleged offence under Sections 147, 148, 294(b), 341, 323, 324, 448, 307, 506(ii) of IPC r/w Section 4 of TNPWH Act and Section 3 of TNPPDL Act in Cr.No.259 of 2021 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that due to wordy quarrel between the petitioners and the defacto complainant, they have assaulted each other. But the defacto complainant sustained injuries. Hence, both the parties have lodged a complaint against each other. Hence, the Law Enforcing Agency registered a case against the petitioners.

3.The learned counsel appearing for the petitioners submit that the petitioners have not been committed any offence as alleged by the prosecution and the defacto complainant had sustained only simple injuries and also the counter case was registered against the defacto complainant's party. Hence, the learned counsel prays to grant anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl side) submits that injured person has been discharged from the hospital.

5. Considering the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners.

6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Thandrampattu, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each, 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:

(a)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;

(b)the petitioners shall report before the respondent police daily at 10.30 a.m. For a period of two weeks and thereafter, as and when required for interrogation;

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

-sd/- 20/09/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, THANDRAMPATTU,TIRUVANNAMALAI DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE TIRUVANNAMALAI DISTRICT. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, SATHANUR DAM POLICE STATION, THIRUVANNAMALAI DISTRICT.

+2 CC to M/S.S. SILAMBU SELVAN Advocate on payment of necessary charges SR.NO.10287 & 10288 CRL OP.NOs.17254 & 17274/2021 Date :20/09/2021 RW 28/09/2021