S. Ahmed Rafi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Eighth day of September Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.18524 of 2015 S. AHMED RAFI ... PETITIONER/ ACCUSED NO.14 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE PALANI TOWN POLICE STATION, PALANI,DINDIGUL DISTRICT.

(CR.NO. 165/2015) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S J.KATHER HUSSAIN Advocate For Respondent : MS.S.PRABHA, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/A14 apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 380, 457 and 506(i) IPC in Crime No.165 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2.The learned Counsel for the petitioner would submit that the petitioner is working as a Teacher and he is only doing Namaz. He would further submit that the de-facto complainant was acting as the President of the Mosque and he has misappropriated some amounts and the same was questioned by the petitioner and hence he has been falsely implicated in this case.

3.The learned Government Advocate (Crl.Side) would submit that the de-faco complainant lodged a complaint against the petitioner and 13 others and the petitioner herein arrayed as A14 and the investigation has already been over and the charge sheet has been filed and the same has also been taken on file in C.C.No.406 of 2015. She would further submit that none of the accused was arrested and hence she prays for dismissal of this application.

4.Considering the rival submissions made by both sides and also considering the fact that the alleged occurrence took place on 09.12.2014; pursuant to the direction issued by the Court in Crl.O.P(MD) No.23436 of 2014 dated 25.12.2014, case has been registered and on completion of investigation, charge sheet has been filed and the same has also been taken on file in C.C.No. 406 of 2015 and it is not a case https://hcservices.ecourts.gov.in/hcservices/

of the prosecution that the petitioner tampered the witness, I am inclined to grant anticipatory bail to the petitioner with certain conditions.

5.Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance before the learned Judicial Magistrate, Palani, 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 petitioner shall report before the Court concerned daily at 10.30 a.m. until further orders. The petitioner shall appear before the Court concerned whenever the summons received and the petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

6. The petitioner 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/- 28/09/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE JUDICIAL MAGISTRATE, PALANI, DO THRO THE CHIEF JUDICIAL MAGISTRATE, DINDUGAL DISTRICT. THE INSPECTOR OF POLICE, PALANI TOWN POLICE STATION, PALANI, DINDIGUL DISTRICT.

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

+1. CC to M/S J.KATHER HUSSAIN Advocate SR.No.56804

ORDER

IN CRL OP(MD) No.18524 of 2015 Date :28/09/2015 NS/SKS-RR/SAR I/05.10.2015 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/