Jahir Hussain v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Second day of July Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE K.KALYANASUNDARAM CRL OP(MD) No.13684 of 2015 JAHIR HUSSAIN ... PETITIONER/ACCUSED NO.2 Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE B1, VILKUHOON POLICE STATION, MADURAI.

CRIME NO. 754/2015 ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S.S.M.A.JINNAH ADVOCATE FOR RESPONDENT : MR.K.V.RAJARAJAN GOVT. ADVOCATE ( CRL. SIDE) PETITION FOR ANTICIPATORY BAIL UNDER SEC. 438 CR.P.C. ORDER : THE COURT MADE THE FOLLOWING ORDER :- The petitioner, who is arrayed as A2 apprehends arrest at the hands of the respondent police for the alleged offences punishable under sections 147, 447, 294(b) and 506(i) of IPC, in Crime No.754 of 2015 on the file of the respondent police and hence, seeks anticipatory bail. 2.The case of the prosecution is that due to property dispute, the accused trespassed into the property of the de-facto complainant and attempted to evict him and abused him with filthy language and also criminally intimated the de-facto complainant. 3.

The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. The learned counsel further submitted that A1 initiated a suit in O.S.No.489 of 2014 on the file of the Principal District Munsif, Madurai and obtained injunction in favour of him and enraged by the same, this complaint was lodged with an ulterior motive. 4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that in the alleged occurrence, no one has sustained any injury.

5.Considering the above facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.1, Madurai and on his executing 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 on further condition that the petitioner shall appear before the respondent https://hcservices.ecourts.gov.in/hcservices/

police 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/- 22/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.I, MADURAI.

2. THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3. THE INSPECTOR OF POLICE B1, VILKUHOON POLICE STATION, MADURAI.

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

ORDER

IN CRL OP(MD) No.13684 of 2015 Date :22/07/2015 2P/5C RPB/AMF 03.08.2015 https://hcservices.ecourts.gov.in/hcservices/