Madras High CourtCRL OP(MD)/18828/2015allowed

Babu Sulthan v. The Insepector Of Police

2015-10-05Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fifth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.18828 of 2015 1 BABU SULTHAN 2 MOHAMED PARIS ALLIAPPA 3 MAHUTHUM FIRTHOSE 4 MUZZAMMIL HAMEED ... PETITIONERS/ACCUSED (RANKS NOT KNOWN) Vs STATE REP.BY THE INSEPECTOR OF POLICE SATHANKULAM POLICE STATION, THOOTHUKUKDI DISTRICT.

CR. NO.461/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S P.T.RAMESH RAJA Advocate For Respondent : MRS.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 accused, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 341, 294(b), 324 and 506(ii) of I.P.C., in Crime No.461 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2. The case of the prosecution is that the petitioners along with the other accused attacked the de-facto complainant with wooden log and caused injury.

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 injured has been discharged from the hospital and the third petitioner is not an accused in this case.

5. Regarding the third petitioner, this petition is dismissed and considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners 1, 2 and 4 with certain conditions. Accordingly, the petitioners 1, 2 and 4 are ordered to be released on bail in the event of their arrest or on their appearance before the learned Judicial Magistrate, Sathankulam and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with common surety for a like sum to the satisfaction of the https://hcservices.ecourts.gov.in/hcservices/

learned Magistrate concerned and on further condition that the petitioners 1, 2 and 4 shall appear before the respondent police daily at 10.00 a.m. for a period of two weeks and thereafter as and when required. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6. 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/- 05/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE SATHANKULAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT. 3 THE INSEPECTOR OF POLICE, SATHANKULAM POLICE STATION, THOOTHUKUKDI DISTRICT.

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

+1. CC to M/S P.T.RAMESH RAJA Advocate SR.No.58846

ORDER

IN CRL OP(MD) No.18828 of 2015 Date :05/10/2015 CSL/DP/SAR I/07.10.2015 2P/6C https://hcservices.ecourts.gov.in/hcservices/