Madras High CourtCRL OP(MD)/17997/2015allowed

Niyazdeen v. The Insepector Of Police

2015-09-16Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixteenth day of September Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE K.KALYANASUNDARAM CRL OP(MD) No.17997 of 2015 1 NIYAZDEEN 2 ZIYAUL RAHMAN 3 SALIM 4 KALEEL RAHMAN 5 I. MUKTHAR ALI 6 ABUBAKKAR .. PETITIONER/ACCUSED NO.1 to 4,6&8 Vs STATE THROUGH THE INSEPECTOR OF POLICE NILAKOTTAI POLICE STATION, DINDIGUL DISTRICT ... RESPONDENT/COMPLAINANT For Petitioner : M/S S.M.A JINNAH 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 A1 to A4, A6 and A8, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 294(b), 448, 354(b), 323 and 506(ii) of I.P.C. in Crime No.272 of 2014 on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that the petitioners went to the house of the de-fcto complainant and quarrelled with her because of erection of drinking water tap to her house, at that time, the petitioners abused the de-facto complainant and assaulted her. 3.The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case.

4.The learned Government Advocate (Crl.side) submitted that the respondent police laid absconding charge sheet in this case before the learned Judicial Magistrate, Nilakottai, Dindigul District in C.C.No.348 of 2015.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions.

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6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial

Magistrate, Nilakottai and on each of them 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 condition stipulated under Section 438 Cr.P.C. scrupulously.

7. 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/- 16/09/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE,NILAKOTTAI.

2.DO THROUGH THE CHIEF MAGISTRATE, DINDUGAL DISTRICT 3.THE INSEPECTOR OF POLICE,NILAKOTTAI POLICE STATION, DINDIGUL 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.55010

ORDER

IN CRL OP(MD) No.17997 of 2015 Date :16/09/2015 GJM/JGB-DP-SARII-22.9.15-2P-6C https://hcservices.ecourts.gov.in/hcservices/