Syed Sathick v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Sixth day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.22229 of 2015 SYED SATHICK ... PETITIONER / ACCUSED NO.2 Vs THE STATE REP.BY THE INSPECTOR OF POLICE THIRUPULLANI POLICE STATION, RAMANATHAPURAM DISTRICT, CR NO.195 OF 2015. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.AJMALKHAN Senior counsel for MR.S.A.S ALAUDEEN Advocate For Respondent : MR.K.ANBARASAN, Govt. 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 accused No. 2, in Crime No.195 of 2015 on the file of the respondent police, was arrested and remanded to judicial custody on 16.10.2015 for the alleged offence punishable under Sections 147,148,342,294(b),324,307 and 379 (NH) r/w. 120(b) of IPC and hence, seeks bail.
2. The case of the prosecution is that on 16.10.2015, while the de facto complainant crossing the Thangaya Nagar main road at Periyapattinam, near his house, the accused persons restrained the de facto complainant and abused him in filthy language and attacked with aruval and iron rod. On hearing his noise, his brother has rushed to the spot. In the meantime, the accused persons have stolen the mobile phone and escaped from the scene of occurrence. Due to which, the de facto complainant has sustained several cut injuries and admitted in the Government Hospital and a case has been registered by the respondent police.
3. The learned Senior counsel appearing for the petitioner submitted that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is a Town Secretary in "Social Democratic Party of India" at Periyapattinam and he has not involved in any offence so far. Due to wreck vengeance, the petitioner has been falsely implicated in this case. Further, the petition filed by this petitioner and two other accused viz.,A6 and https://hcservices.ecourts.gov.in/hcservices/
A7 were dismissed by this Court, on 06.11.2015 stating that the petitioners A6 and A7 were detained under Act 14 of 1982 and they have link with international terrorist. The learned Senior Counsel further stated that the co-accused viz., A3 and A9 have already been granted anticipatory bail, by the learned Principal District Sessions Judge, Ramanathapuram on 20.11.2015.
4. The learned Government Advocate (Crl. Side) has filed a counter affidavit stating that there is no previous case against the petitioner.
5. Considering the facts and circumstances of the case and also considering the fact that the co-accused were already granted anticipatory bail by the Sessions Court, 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) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate-I, Ramanathapuram and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m. until further orders.
sd/- 26/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.I RAMANATHAPURAM.
2 THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM.
3 THE AADL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4 THE INSPECTOR OF POLICE THIRUPULLANI POLICE STATION, RAMANATHAPURAM DISTRICT +1. CC to M/S S.A.S ALAUDEEN Advocate SR.No.67651
ORDER
IN CRL OP(MD) No.22229 of 2015 Date :26/11/2015 RG.AAL.MPA/SAR-I 26.11.2015 2P/7C https://hcservices.ecourts.gov.in/hcservices/