J.Umar Sithick Ali v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Sixth day of February Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.2562 of 2019 1.J.UMAR SITHICK ALI 2.K.IBRAMSHA @ SEIYATHU IBRAMSHA 3 K.ASARAB ALI ... PETITIONERS / ACCUSED NOS.1 TO 3 Vs THE INSPECTOR OF POLICE, THIRUPALAIKUDI POLICE STATION, THIRUPALAIKUDI, RAMANATHAPURAM DISTRICT.

(CRIME NO.7/2019) ... RESPONDENT / COMPLAINANT For Petitioners : MR.N.PRAGALATHAN Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI, 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 apprehending arrest at the hands of the respondent police for the alleged offence under Sections 147, 148, 448, 294(b), 427, 323, 324, 506(ii) and 307 IPC in Crime No.7 of 2019, on the file of the respondent police, seek anticipatory bail.

2. The petitioners alleged that they are informers to the Superintendent of Police as if the de facto complainant using Bomb for fishing, for which, the defacto complainant and the petitioners attacked each other. There was a case in counter in Crime No.8 of 2019 registered against the defacto complainant and the case in Crime No.7 of 2019 was registered against the petitioners.

3. The learned counsel appearing for the petitioners would submit that the petitioners have lodged a complaint against the defacto complainant stating that defacto complainant's groups used Bomb for fishing in the sea, in which, the law enforcing agency registered a case against the petitioners.

4. The learned Government Advocate(Crl.side) appearing for the

respondents would submit that the investigation of the case is pending.

5. Considering the facts and circumstances of the case and also considering the fact that the investigation of the case is pending, this Court is inclined to grant anticipatory bail to the petitioners.

6. 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 No.I, Ramanathapuram, Ramanathapuram District on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(a)the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b)the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders (c)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioners shall not abscond either during investigation or trial;

(e)on breach of any of the aforesaid conditions, 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]; and;

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 26/02/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRAT NO.I, RAMANATHAPURAM ,RAMANATHAPURAM DISTRICT.

2.DO THRO'THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

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

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

+1. CC to MR.N.PRAGALATHAN Advocate SR.No.3793

ORDER

IN CRL OP(MD) No.2562 of 2019 Date :26/02/2019 AE/PN/SAR-I/26.02.2019/3P/6C