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Madras High CourtCRL OP(MD)/16715/2015allowed

Mohammed Ali v. State Thro The Ins Of Police

2015-08-31Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirty First day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.16715 of 2015 MOHAMMED ALI ... PETITIONER/ACCUSED NO.6 Vs STATE THROUGH THE INSPECTOR OF POLICE, S.S. COLONY POLICE STATION, IN CRIME NO 327 OF 2015, MADURAI.

... RESPONDENT/INVESTIGATION AGENCY For Petitioner : M/S M.RAJMOHAN Advocate For Respondent : MRS.S.PRABHA, Government 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 A6 apprehends arrest at the hands of the respondent police for the alleged offence punishable under section 364(A) of IPC, in Crime No.327 of 2015 on the file of the respondent police and hence, seeks anticipatory bail. 2.The case of the prosecution is that on 17.03.2015, the accused had kidnapped the victim namely Wasim Akram. 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 was enlarged on anticipatory bail by this court in Crl.O.P(MD)No.5308 of 2015, dated 23.03.2015 and A2 and A3 were arrested and released on bail by the Judicial Magistrate No.V, Madurai.

4.Heard the learned Government Advocate (Criminal side) appearing for the respondent.

5.Considering the facts and circumstances of the case and also considering the fact that the prime accused were enlarged on bail, this Court is inclined to grant anticipatory bail to the petitioner https://hcservices.ecourts.gov.in/hcservices/

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.V, 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 police daily at 10.00 a.m until further orders. 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/- 31/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.V, MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE INSPECTOR OF POLICE,S.S. COLONY POLICE STATION, MADURAI 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S M.RAJMOHAN Advocate SR.No.50184

ORDER

IN CRL OP(MD) No.16715 of 2015 Date :31/08/2015 CSL/AN-MP/SAR-II/03.09.2015 2P/6C https://hcservices.ecourts.gov.in/hcservices/