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Madras High CourtCRL OP(MD)/4913/2018allowed

Mohamed Ismail v. The Inspector Of Police

2018-04-02Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Second day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.4913 of 2018 1 MOHAMED ISMAIL 2 YASAR ARAFATH ... PETITIONERS/ACCUSED RANK NOT KNOWN Vs STATE REPRESENTED BY, THE INSPECTOR OF POLICE THEPPAKULAM POLICE STATION, MADURAI DISTRICT.

IN CR.NO. 919/2017 ... RESPONDENT/COMPLAINANT For Petitioners : M/S.S.M.A.JINNAH Advocate For Respondent : M/S.A.P.G.OHM CHAIRMA PRABHU, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under Sections 341, 324 and 506 (ii) IPC in Crime No.919 of 2017 on the file of the respondent police, seek anticipatory bail.

2.Since the defacto complainant has posted in social media about the speech of one P.Jainullabudeen, founder of Tamil Nadu Towhit Jamath, he was threatened by the petitioners. Therefore, he has lodged a complaint in the social media page of Chennai City Police Commissioner. In view of the complaint given by him, some unknown persons attacked the defacto complainant and his family with iron rod. Hence, the present case.

3.The learned counsel appearing for the petitioners submitted that the allegation against the petitioners are entirely false and they were wrongly implicated in this case. The petitioners are no way connected with any of the offences as alleged by the https://hcservices.ecourts.gov.in/hcservices/

prosecution. Therefore, he wanted this Court for grant of anticipatory bail in favour of the petitioners. 4.The learned Government Advocate (Crl.side) appearing for the State submitted that the injured has been discharged from the hospital.

5.Taking note of above aspects, 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 before the learned Judicial Magistrate No.I, Madurai and on their 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 conditions stipulated under Section 438 Cr.P.C. Scrupulously. The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail shall stand dismissed. sd/- 02/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISRATE NO.1, MADURAI 2 DO THROUGH THE CHIEF JUDCIAL MAGISTRATE, MADURAI 3 THE INSPECTOR OF POLICE, THEPPAKULAM POLICE STATION, MADURAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.M.A.JINNAH Advocate SR.No.5220

ORDER

IN CRL OP(MD) No.4913 of 2018 Date :02/04/2018 PK/RR-CSL/SAR-3/09.04.2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/