M. Jafer Ali v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twentieth day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.21948 of 2015 M. JAFER ALI ... PETITIONER / ACCUSED No.5 Vs THE STATE REP.BY THE INSPECTOR OF POLICE DINDIGUL TOWN NORTH POLICE STATION, DINDIGUL. (IN CRIME NO. 1242/2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S S.M.A JINNAH Advocate For Respondent : Mr.K.Anbarasan Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who is arrayed as 5th accused, in Crime No.1242 of 2015 on the file of the respondent police, was arrested on 26.10.2015 for the alleged offence punishable under Sections 147, 148, 341, 294(b), 506 (ii), 307 of I.P.C r/w 3(1) of TNPPDL Act., and hence, seeks bail.

2. The case of the prosecution is that the the petitioner and others assembled unlawfully and assaulted the defacto complainant with deadly weapons and abused him in filthy language and damaged the compound wall of the defacto complainant's property.

3. The case of the petitioner is that while he and A-1 Mubarak Ali, were travelling in a car to proceed to appear before the Chief Judicial Magistrate Court, Dindigul, in a case in S.C.No.84 of 2015, the petitioner and others were arrested by the Police. The Police tortured and assaulted A-1. The Chief Judicial Magistrate, Dindigul directed the Police to give treatment to A-1 and he escaped from this. Thereafter, the respondent Police registered a false case and implicated the petitioner and others as accused. It is the further case of the petitioner that the petitioner is innocent.

4.The learned Government Advocate (Crl.side) submitted that injured persons were discharged from the hospital and the co-accused are still in custody.

5. Considering the fact that the injured persons were discharged from the hospital, this Court is inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the https://hcservices.ecourts.gov.in/hcservices/

satisfaction of the learned Judicial Magistrate, No.II, Dindigul and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m. until further orders. sd/- 20/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, NO.II, DINDIGUL. 2 THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE, DINDIGUL TOWN NORTH POLICE STATION, DINDIGUL.

5 THE OFFICER INCHARGE, DISTRICT JAIL,DINDIGUL. +1. CC to M/S S.M.A JINNAH Advocate SR.No.66543. TS/20.11.2015/2P-7C/AAL-MPA/SAR II

ORDER

IN CRL OP(MD) No.21948 of 2015 Date :20/11/2015 https://hcservices.ecourts.gov.in/hcservices/