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Madras High CourtCRL OP(MD)/18130/2015ordered

Mohammed Rafiq @ Booril Rafiq v. The Insepector Of Police

2015-09-21Honourable Mr Justice K. Kalyanasundaram2 pages

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.18130 of 2015 MOHAMMED RAFIQ @ BOORI RAFIQ ... PETITIONER/ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE THILLAINAGAR POLICE STATION, TRICHY DISTRICT.

(CRIME NO.457/2015) ... RESPONDENT/COMPLAINANT For Petitioner : M/S B.JAMEEL ARASU Advocate For Respondent : MRS.S.PRABHA, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused, in Crime No.457 of 2015 on the file of the respondent police, was arrested and remanded to judicial custody on 24.06.2015, for the alleged offences punishable under Sections 392 r/w 397 and 402 of I.P.C., r/w 5, 7(3) of Lotteries Regulation Act, and hence, seeks bail. 2.According to the prosecution, the de-facto complainant used to purchase lottery ticket from the first accused and when he demanded more money, the de-facto complainant left that place and at that time, the accused had taken away Rs.500/- at knife point and also abused him.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent and he has been falsely implicated in this case.

4.The learned Government Advocate (Crl.side) would submit that the petitioner was detained under Act 14 of 1982. 5.The learned counsel for the petitioner submitted that the Goondas order was revoked by the Advisory Board on 01.09.2015. https://hcservices.ecourts.gov.in/hcservices/

6.Considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail 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 Judicial Magistrate No.IV, Trichy and on further condition that the petitioner shall stay at Vilupuram and report before Vilupuram Town Police Station daily twice ie., at 10.00 a.m and 05.00 p.m., until further orders. sd/- 21/09/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE NO.IV TRICHY.

2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE TRICHY.

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

4 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

5 THE INSEPECTOR OF POLICE THILLAINAGAR POLICE STATION, TRICHY DISTRICT.

6 THE INSPECTOR OF POLICE, VILUPURAM TOWN POLICE STATION, VILUPURAM.

+1. CC to M/S B.JAMEEL ARASU Advocate SR.No.55638 Akm/21.09.2015 /2p-8c/

ORDER

IN CRL OP(MD) No.18130 of 2015 Date :21/09/2015 https://hcservices.ecourts.gov.in/hcservices/