Sheik Mubarak v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty First day of September Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE K.KALYANASUNDARAM CRL OP(MD) No.17862 of 2015 1 SHEIK MUBARAK 2 MEHARUNNISHA 3 OJHUR BEE 4 HAJEERA BEE ... PETITIONERS/ACCUSED NO.2,4,7,9 Vs THE STATE THRO' THE SUB INSPECTOR OF POLICE KULITHALAI POLICE STATION, KULITHALAI KARUR DISTRICT CRIME NO.618/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S RM.SIVAKUMAR Advocate For Respondent : M/S.S.PRABHA 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 arrayed as A2,A4,A7 and A9 in Crime No.618 of 2015, apprehend arrest at the hands of the respondent police for an alleged offences punishable under Sections 147,148,294 (b),323,324 and 506(ii) of IPC, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to Civil dispute the petitioners have attacked the de facto complainant and threatened him with dire consequences. This is the case and counter case.

3. The learned counsel for the petitioners submitted the petitioners are innocent and they have been falsely implicated in this case.

4. The learned Government Advocate (Crl. Side) submitted that the injured has already been discharged from the hospital.

5. Considering the facts and circumstances of the case and also considering the fact that the injured has already been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate-II, Kulithalai and on 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 1 and 2 shall appear before the respondent Police daily at 10.00 am for a period of two weeks and https://hcservices.ecourts.gov.in/hcservices/

thereafter, as and when required for interrogation. Since the petitioners 3 and 4 are being ladies shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6. The petitioners 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/- 21/09/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE -II, KULITHALAI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT 3.THE SUB INSPECTOR OF POLICE,KULITHALAI POLICE STATION, KULITHALAI, KARUR DISTRICT 4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S RM.SIVAKUMAR Advocate SR.No.55569

ORDER

IN CRL OP(MD) No.17862 of 2015 Date :21/09/2015 GJM/JGB-DP-SARII-22.9.15-2P-6C https://hcservices.ecourts.gov.in/hcservices/