Mohamed Abubucker Siddiq v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fifth day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.21360 of 2015 1 MOHAMED ABUBUCKER SIDDIQ 2 ABUTHAKIR 3 SIKKANDAR BADHUSHA 4 THAMEEMUN ANSARI 5 MOHAMED ABUBUCKER 6 SHEIK MOHAMED 7 SAHUL HAMEED 8 SIRAJUDEEN 9 IBRAHIM SHA GANI 10 SALIM SIKKANTHAR 11 MOHAMED HUSSAIN 12 BARAKATH @ BARAKATH MYDEEN 13 SUJAVUDEEN 14 YUSUF 15 HAKEEM OLI ... PETITIONERS / ACCUSED NO.NOT KNOWN Vs THE STATE REP.BY THE INSPECTOR OF POLICE ARUPPUKKOTTAI TOWN POLICE STATION, VIRUDHUNAGAR.

(IN CRIME NO. 732/2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S N.SEKAR Advocate For Respondent : MR.K.ANBARASAN, 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 in Crime No.732 of 2015, on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 341, 353, 332, 336, 323, 324 and 307 I.P.C. and hence seek anticipatory bail.

2.The case of the prosecution is that the petitioners and unnamed accused persons pelted stones in Vinayagar Chadurthi Rally and attacked the de facto complainant and police personnels and caused injuries and they also caused riot among the public.

3.The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case and the Vinayagar Chadurthi Rally was not conducted as per the guidelines and when the petitioners questioned the same, a clash arose between two groups and the respondent opened Lati Charge on the innocent https://hcservices.ecourts.gov.in/hcservices/

public. The learned counsel for the petitioners further submitted that the accused 1 to 7 in this case were arrested and enlarged on bail by the learned Principal Sessions Judge, Srivilliputtur, vide order dated 01.10.2015 made in Cr.M.P.No.5993 of 2015.

4.The learned Government Advocate (Criminal Side) submitted that the petitioners and other accused pelted stones on the Vinayagar Chadurthi Rally and the same affected the harmony between the two religious groups and investigation is pending and the petitioners are influential persons and custodial interrogation is necessary in this case. 5.Considering the facts and circumstances of the case and also considering the charges levelled against the petitioners, who are alleged to have disturbed the harmony between two religious groups, this Court is not inclined to grant anticipatory to the petitioners and accordingly, this petition is dismissed.

sd/- 25/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE ARUPPUKKOTTAI TOWN POLICE STATION, VIRUDHUNAGAR.

2 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT MADURAI +1. CC to M/S N.SEKAR Advocate SR.No.67617.

ORDER

IN CRL OP(MD) No.21360 of 2015 Date :25/11/2015 AM/26.11.2015/AAL.MPA/SAR-I/2P/4C https://hcservices.ecourts.gov.in/hcservices/