Mohamed Abubucker Siddiq v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Eighteenth day of December Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.24122 of 2015 1 MOHAMED ABUBUCKER SIDDIQ 2 ABUTHAKIR 3 SIKKANDAR BADHUSHA 4 THAMEEMUN ANSARI 5 MOHAMED ABUBUCKER 6 SHEIK MOHAMED 7 SAHUL HAMED 8 SIRAJUDDEEN 9 IBRAHIM SHA GANI 10 SALIM SIKKANTHAR 11 MOHAMMED HUSSAIN 12 BARAKATH @ BARAKATH MYDEEN 13 SUJAVUDEEN 14 YUSUF 15 HAKEEM OLI ... PETITIONERS/ ACCUSED NO. NOT KNOWN Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE ARUPPUKOTTAI TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.
(CR NO.732/2015) ... RESPONDENT/ COMPLAINANT For Petitioner : Mr.A.MOHAMED YUSUF 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 of the Indian Penal Code 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 defacto complainant and police personnels and caused injuries and they also caused riot among the public.
3.The case of the petitioners is that they 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 https://hcservices.ecourts.gov.in/hcservices/
opened lati charge on the innocent 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 this Court by an order dated 25.11.2015 dismissed the anticipatory bail petition filed by the petitioners in Crl.O.P(MD)No.21360 of 2015. He further submitted that the alleged occurrence has taken place on 21.09.2015 and the injured persons had already been discharged from the hospital.
5.Considering the facts and circumstances of the case and also considering the fact that the injured persons 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, Aruppukkottai, Virudhunagar 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 respondent police daily twice at 10.00 a.m., and 05.00 p.m., until further orders. The petitioners shall comply with the conditions 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/- 18/12/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, ARUPPUKKOTTAI, VIRUDHUNAGAR. 2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILLIPUTHUR 3 THE INSPECTOR OF POLICE ARUPPUKOTTAI TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to Mr.A.MOHAMED YUSUF Advocate SR.No.72641
ORDER
IN CRL OP(MD) No.24122 of 2015 Date :18/12/2015 ps NS/AAL-MPA/SAR II/22.12.2015 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/