Aktar Ali v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirteenth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) Nos.19558 and 19808 of 2015 1 ASKAR ALI 2 AMSKHAN @ ABUSUBUKHAN 3 ALLAVUDIN ..PETITIONERS/ACCUSED 1 TO 3 in CRL OP(MD)No.19558 of 2015 1.S.YASAR ARABATH 2.A.AHAMED SATHAM ..PETITIONERS/ACCUSED NOS.4 AND 5 in CRL OP(MD)No.19808 of 2015 Vs.

STATE REP.BY THE INSPECTOR OF POLICE TOWN POLICE STATION, PARAMAKUDI, RAMANATHAPURAM DISTRICT.

(CRIME NO. 385/2015) ... RESPONDENT/COMPLAINANT in Both the Petitions For Petitioners in Both the Petitions : M/S G.THIRUVARUTSELVAN Advocate For Respondent in Both the Petitions : MRS.S.PRABHA, Govt. Advocate ( Crl. Side) PETITIONS FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- COMMON ORDER The petitioners, who are arrayed as A1 to A5, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 294(b), 323, 336 and 506(i) of I.P.C. in Crime No.385 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2.According to the de-facto complainant that on 04.10.2015, her son was teased by the accused and when it was questioned by her, the accused attacked her with hands and caused injuries. 3.The learned counsel for the petitioners submitted that the https://hcservices.ecourts.gov.in/hcservices/ petitioners are innocent and they have been falsely implicated in this case.

4.The learned Government Advocate (Crl.side) would submit that the injured is absconding from the hospital and the petitioners are having two previous cases.

5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance before the learned Judicial Magistrate, Paramakudi and on each of them 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 third petitioner being a college student, shall appear before the respondent police as and when required for interrogation and the petitioners No.1,2, 4 and 5 shall appear before the respondent police daily twice at 10.00 a.m., and 5.00 p.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. 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/- 13/10/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE, PARAMAKUDI.

2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE TOWN POLICE STATION, PARAMAKUDI, RAMANATHAPURAM DISTRICT. +2. CC to M/S G.THIRUVARUTSELVAN Advocate SR.No.60713 and 60712 Akm/16.10.2015 /2p-7c/ ORDER IN CRL OP(MD)Nos.19558 and 19808 of 2015 Date :13/10/2015 https://hcservices.ecourts.gov.in/hcservices/