Madras High CourtCRL OP(MD)/18544/2015allowed

Hafil Rahman v. The Inspector Of Police

2015-09-28Honourable Ms. Justice R.Mala2 pages

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.18544 of 2015 HAFIL RAHMAN ... PETITIONER/ ACCUSED RANK NOT KNOWN Vs STATE REP. BY THE INSPECTOR OF POLICE ERVADI DHARKA POLICE STATION, RAMANATHAPURAM DISTRICT.

(CRIME NO.151/2015) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S A.ABDUL HALEEM 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/Accused apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294 (b), 324, 336, 506(ii) IPC and 379 (NH) IPC in Crime No.151 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 innocent and he has been falsely implicated in this case. He further submits that already the other accused enlarged on bail and hence, he prays for enlargement on anticipatory bail. 3.The learned Government Advocate (Crl.

Side) would submit that during the investigation the petitioner arrayed as A4. she further submits that A2 already enlarged on bail before this Court on 03.09.2015 in Crl.O.P (MD)No.17108 of 2015 and the investigation is going on. Hence, she prays for dismissal of this application.

4.Considering the rival submissions made by both sides and the alleged occurrence took place on 28.08.2015, the complaint given on 29.08.2015, this petitioner's name has not been specifically mentioned and during the investigation only the petitioner was arrayed as A4 and that A2 has already been enlarged on bail on 03.09.2015, 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 No.II, Ramnad, and on executing a bond for a sum of https://hcservices.ecourts.gov.in/hcservices/

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 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 NO.II, RAMNAD.

2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT. THE INSPECTOR OF POLICE, ERVADI DHARKA POLICE STATION, RAMANATHAPURAM DISTRICT.

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

+1. CC to M/S A.ABDUL HALEEM Advocate SR.No.56789

ORDER

IN CRL OP(MD) No.18544 of 2015 Date :28/09/2015 NS/SKS-RR/SAR I/05.10.2015 : 1P/6C https://hcservices.ecourts.gov.in/hcservices/