Madras High CourtCRL OP(MD)/3728/2018ordered

Jahangeer v. The Sub-Inspectof Of Police

2018-03-19Honourable Mr Justice R. Pongiappan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Nineteenth day of March Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.3728 of 2018 1 JAHANGEER 2 ABDUL RAHMAN 3 LIYAKATH ALI 4 SARDHAR 5 SHEIK DAWOOD 6 THAJEEDIN ... PETITIONERS / ACCUSED NOS.1-6 Vs THE STATE REP.BY, THE SUB-INSPECTOF OF POLICE PALLATHUR POLICE STATION, SIVAGANGAI DISTRICT (CRIME NO. 42 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioners : M/S.P.AMEEN Advocate For Respondent : MR.A.ROBINSON Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/A1 to A6, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 294(b), 342, 323 and 506(ii) of IPC., in Crime No.42 of 2018, seek anticipatory bail.

2. The case of the prosecution is that the petitioners are the rival parties of the present office bearers of Pallathur Jamad. On 02.03.2018, at about 2.00 p.m. the Jamad meeting took place at Jummah Pallivasal, Pallathur. At that time, there was a wordy quarrel arose between the first petitioner and one Sahul Hameed, who is the present Deputy Secretary of the Jamad, due to which, the said Sahul Hameed's son Ferozkhan solaced the first petitioner, at that time, the petitioner and other accused joined together and assaulted the said Ferozkhan and caused injuries. Hence, the case has been registered against the petitioners for the above said incident.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons, they have not committed any offence as alleged by the prosecution and they are no way connected with the alleged occurrence. He further submitted that the

petitioners have been falsely implicated in this case. Hence, he prays for anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) appearing for the State on instructions, would submit that the injured has been discharged from the hospital on 15.03.2018. He further submitted that the investigation is still pending.

5. The submissions made by the learned counsels appearing for either side are considered. According to the prosecution, the person, who sustained injury during the time of occurrence was discharged from the hospital after completing treatment. Further, except Section 506 (ii) IPC, all the other petition mentioned offences are bailable in nature. Accordingly, custodial interrogation may not be necessary for completing the investigation. Therefore, considering the above facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

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, Karaikudi, on condition that each of the petitioners shall execute a bond for a sum of Rs.

(i) the petitioners shall report before the respondent police daily at 10.00 a.m for a period of three weeks and thereafter as and when required for interrogation; (ii) the petitioners shall not tamper with evidence or witness either during investigation or trial; (iii) the petitioners shall not abscond either during investigation or trial;

(iv) On breach of any of the aforesaid conditions, the anticipatory bail granted to the petitioners shall stand automatically cancelled and 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].

sd/- 19/03/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, KARAIKUDI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3 THE SUB-INSPECTOF OF POLICE PALLATHUR POLICE STATION, SIVAGANGAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.P.AMEEN Advocate SR.No.4467

ORDER

IN CRL OP(MD) No.3728 of 2018 Date :19/03/2018 MKV-MM-PN-SAR 1/27.3.2018/3P-6C