Sulthan Allowdhin v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirtieth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.19920 of 2014 1 SULTHAN ALLOWDHIN 2 DAWOOD MARIYAM ... PETITIONERS / ACCUSED NO. 1 & 2 Vs state rep by THE INSPECTOR OF POLICE ILAYANKUDI POLICE STATION, SIVAGANGAI DT, CRIME NO.277/2014 ... RESPONDENTS / COMPLAINANTS For Petitioner : M/S.S.A.AJMALKHAN Advocate For Respondent : MR.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/A-1 and A-2 apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 294 (b), 355, 379(NH) and 506(i) of I.P.C. in Crime No.277 of 2014 on the file of the respondent police and hence, seek anticipatory bail.
2. According to the prosecution, the accused have stolen the two wheeler of the defacto complainant and also abused him and threatened him with dire consequences.
3. The learned counsel for the petitioner submitted that the defacto complainant is none other than the younger brother of the first petitioner and due to property dispute, the petitioners have been falsely implicated in this case.
4. The learned Government Advocate(Crl. Side) on instructions submitted that the respondent had already completed the investigation and also laid charge sheet in this case, which is taken on file in C.C.No.15 of 2015 by the learned Judicial Magistrate, Ilayangudi, for the offence under Sections 294(b), 355 and 506(i) of I.P.C and the learned Judicial Magistrate has issued Non-Balaibale Warrant against the petitioner on 08.04.2015.
5.Considering the facts and circumstances of the case and also considering the fact that the injured had already been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Ilayangudi, 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 petitioners shall appear before the trial Court on all the dates of hearings except on those days by filing a petition under Sections 317 Cr.P.C. by assigning valid reasons. The petitioners shall comply with the https://hcservices.ecourts.gov.in/hcservices/
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/- 30/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, ILAYANKUDI 2 -DO-THRO THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT 3 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4 THE INSPECTOR OF POLICE ILAYANKUDI POLICE STATION, SIVAGANGAI DISTRICT. Sm:AMF:03.07.2015:2P/5C
ORDER
IN CRL OP(MD) No.19920 of 2014 Date :30/06/2015 https://hcservices.ecourts.gov.in/hcservices/