Jailani @ Abdul Kadar Jailani v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/01/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.65 of 2022 Jailani @ Abdul Kadar Jailani ... Petitioner/Accused No.1 Vs State rep.by The Inspector of Police, S.S.Colony Police Station, Madurai City.

(Crime No.01 of 2022).

... Respondent/Complainant For Petitioner : M/s.R.Selvaraj, Advocate.

For Respondent : M/s.R.M.S.Sethuraman, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 01 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/Accused No.3, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323, 324 and 506(ii) I.P.C, in Crime No.1 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 31.12.2021, when the petitioner was called by the defacto complainant for job, the same was delayed by him, the petitioner abused him with filthy language and there was quarrel between them. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this

case. The petitioner was working as a labour and that the injured was treated as out patient.

4. The learned Additional Public Prosecutor appearing for the respondent police submitted that no counter complaint registered against the defacto complainant and on the day of occurrence itself, injured was treated as out patient and discharged and that the petitioner is not having any previous case at his credit.

5. Considering the nature of offence, that no counter complaint is given against the defacto complainant, that the injured was treated as out patient and that the petitioner is not having any previous case, this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is allowed and petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate No.V, Madurai on condition that the petitioner shall execute a 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 Magistrate concerned and the petitioner shall appear before the respondent police daily at 10.30 a.m. for a period of 30 days, thereafter, as and when required for interrogation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

Sd/- 10/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE JUDICIAL MAGISTRATE NO.V, MADURAI.

2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3. THE INSPECTOR OF POLICE, S.S.COLONY POLICE STATION, MADURAI CITY.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.65 of 2022 Date :10/01/2022 SP/JM/SAR I/03/02/2022/3P/5C