Mohammed Raffiq v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Eighth day of March Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.4692 of 2019 1.MOHAMMED RAFFIQ 2.SADHAM HUSAIN @ MOHAMMED SADHAM HUSSAIN ... PETITIONERS / ACCUSED No.1 & 2 Vs THE STATE REP.BY ITS THE INSPECTOR OF POLICE SIKKAL POLICE STATION, RAMANATHAPURAM DISTRICT Crime No. 7/2019 ... RESPONDENT / COMPLAINANT For Petitioners : Mr.M.S.JEYAKARTHIK Advocate For Respondent : Mr.K.SUYAMBULINGA BHARATHI 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 apprehending arrest at the hands of the respondent police for the alleged offence under Sections 341, 294 (b), 323,427 and 506(i) of IPC, in Cr.No.
7 of 2019, on the file of the respondent police, seek anticipatory bail. 2.It is the case of the prosecution that when the defacto complainant was crossing the place, the petitioners along with other intercepted the defacto complainant, abused him with filthy langage and caused injuries..
3.The learned counsel appearing for the petitioners would submit that the petitioners did not commit any offence as alleged by the prosecution and they are innocent persons. 4.The learned Government Advocate(Crl.side) appearing for the respondent police would submit that co- accused in this case was granted anticipatory bail
5.Considering the facts and circumstances and considering the fact that co- accused in this case was granted anticipatory bail, 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, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Mudhukulathur, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:
(a)the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
(b)the petitioners shall report before the respondent police daily at 10.30a.m until further orders (c)the petitioners shall not tamper with evidence or witness either during investigation or trial; (d)the petitioners shall not abscond either during investigation or trial;
(e)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;
(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 28/03/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE, MUDHUKULATHUR.
2.THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.
3.THE INSPECTOR OF POLICE SIKKAL POLICE STATION, RAMANATHAPURAM DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to Mr.M.S.JEYAKARTHIK Advocate SR.No.5773
ORDER
IN CRL OP(MD) No.4692 of 2019 Date :28/03/2019 TK/VR/SAR-1/01.04.2019/3P/6C