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Madras High CourtCRL OP(MD)/13945/2015ordered

Mohammed Ali Jinnah v. The Inspector Of Police,

2015-07-23Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Third day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.13945 of 2015 1 MOHAMMED ALI JINNAH 2 M.ABITHA BEGUM 3 SASUDEEN 4 MOHAMEED IQBAL 5 NAGOOR ... PETITIONERS/ACCUSED RANK NOT KNOWN Vs.

STATE REP.BY THE INSPECTOR OF POLICE, MANAMADURAI POLICE STATION, SIVAGANGAI DISTRICT.

CRIME NO. NOT KNOWN OF 2015 ... RESPONDENT / COMPLAINANT For Petitioners : M/S.A.GOPAL 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 petitioners, who are arrayed as accused apprehend arrest at the hands of the respondent police for the alleged offences punishable under sections 294(b), 427 and 506(i) of IPC, in Crime No.415 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that due to previous enmity with regard to family dispute, the accused abused the de-facto complainant with filthy language and assaulted him and also threatened the de-facto complainant with dire consequences. 3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that in the alleged occurrence, no one has sustained any injury. It is further submitted that the petitioners 4 and 5 are not accused in this case as on date. 5.Considering the facts and circumstances of the case and also considering the fact that in the alleged occurrence, no one has sustained any injury, this Court is inclined to grant anticipatory bail to the petitioners 1 to 3 with certain conditions. In view of the submission made by the learned Government Advocate (Criminal side) that the petitioners 4 and 5 are not accused in this case, this petition is dismissed as against them.

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6.Accordingly, the petitioners 1 to 3 are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Manamadurai and on each of them 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 petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 7.The petitioners 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/- 23/07/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE, MANAMADURAI.

2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI.

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

4 THE INSPECTOR OF POLICE, MANAMADURAI POLICE STATION, SIVAGANGAI DISTRICT. +1. CC to M/S.A.GOPAL Advocate SR.No.40967 Akm/31.07.15 /2p-6c/

ORDER

IN CRL OP(MD) No.13945 of 2015 Date :23/07/2015 https://hcservices.ecourts.gov.in/hcservices/