Mohammed Ismail v. The Insepector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.19221 of 2015 (*)MOHAMMED IBRAHIM ...PETITIONER/ACCUSED RANK NOT KNOWN Vs.

THE STATE REP.BY THE INSEPECTOR OF POLICE TENKASI POLICE STATION, TENKASI, THIRUNELVELI.

CRIME NO NOT KNOWN/2015 ...RESPONDENT/COMPLAINANT For Petitioner : M/S S.M.A JINNAH Advocate For Respondent : M/S.S.Prabha Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner who arrayed as accused, apprehends arrest at the hands of the respondent police for an alleged offences punishable under Sections 294(b),324,323 and 506(ii) of IPC and Section 4 of TNPWH Act in Crime No.450 of 2015, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to matrimonial dispute the petitioner has assaulted the de facto complainant and abused him in filthy language.

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 injured has already been discharged from the hospital. She further submitted that the petitioner has no previous bad antecedents.

5. Considering the facts and circumstances of the case and also considering the fact that the injured has already been discharged from the hospital, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Tenkasi, 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 appear before the learned Judicial Magistrate, Tenkasi daily at 10.00 am for a period of two weeks and thereafter, appear before the respondent police as and when required for interrogation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

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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/- 06/10/2015 / TRUE COPY / (*)Amended as per order dated.15.10.2015 and made in MP(MD)No.1/2015 in Crl.OP(MD)No.19221/2015.

Sub-Assistant Registrar (C.S.) TO (*)To be substituted order already despatched. 1 THE JUDICIAL MAGISTRATE, TENKASI.

2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSEPECTOR OF POLICE, TENKASI POLICE STATION,TENKASI, THIRUNELVELI.

+1. CC to M/S S.M.A JINNAH Advocate SR.No.61576 TS/07.10.2015/2P - 6C SK-SKN/SAR

ORDER

IN CRL OP(MD) No.19221 of 2015 Date :06/10/2015 PBK/KBM/SAR-I 28/10/2015 ::2P-6C::

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