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Madras High CourtCRL OP(MD)/1448/2020partly allowed

Ajif Irshanth v. The Inspector Of Police

2020-01-29Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.1448 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/01/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.1448 of 2020

1. Ajif Irshanth

2. Mohammed Imran @ Haj Imran ... Petitioners/Accused 2 & 6 Vs State Rep.by The Inspector of Police, Kenikarai Police Station, Ramanathapuram, Ramanathapuram District.

Crime No.2/2020.

... Respondent/Complainant For Petitioners : M/s.J.M.Hassanul Bazari, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- for Anticipatory bail in Crime No.2 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under sections 147, 148, 294(b), 323, 324, 506(ii), 364 and 307 of I.P.C., in Crime No.02 of 2020 on the file of the respondent police, seek anticipatory bail.

3. The victim in this case was in hospital for more than 12 days. He had suffered a severe stab injury in the head. The first petitioner is said to have caused the said stab injury along with another person.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.1448 of 2020 4.Though overt acts have been attributed against the second petitioner also, they are not that serious. The second petitioner is not having any previous case. Even while dismissing this petition in respect of the first petitioner, I grant anticipatory bail to the second petitioner. This criminal original petition is partly allowed.

5. Accordingly, the second petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.II, Ramanthapuram, 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 second petitioner shall appear before the respondent police as and when required for interrogation. The second petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

6. The second 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 shall stand dismissed.

sd/- 29/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.II, RAMANATHAPURAM.

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

3. THE INSPECTOR OF POLICE, KENIKARAI POLICE STATION, RAMANATHAPURAM, RAMANATHAPURAM DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.J.M.HASSANUL BAZARI, Advocate ( SR-1805[I] dated 29/01/2020 )

ORDER

IN CRL OP(MD) No.1448 of 2020 Date :29/01/2020 MS/PN/SAR-4/31.01.2020/2P.6C https://hcservices.ecourts.gov.in/hcservices/ 2/2