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Madras High CourtCRL OP(MD)/11701/2017dismissed

Habibullah v. The Inspector Of Police

2017-09-13Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Thirteenth day of September Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.11701 of 2017 1 HABIBULLAH 2 MUMTHAJ 3 JAMALIYABIVI ... PETITIONERS / ACCUSED No.2 to 4 Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE KENIKARAI POLICE STATION, RAMANATHAPURAM DISTRICT, CR.NO.564/2017 ... RESPONDENT / COMPLAINANT For Petitioners : M/S.R.SENTHIL KUMAR Advocate For Respondent : Mr.A.Ramar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent Police for the offence punishable under Sections 294(b), 323, 324 & 506(ii) of IPC in Crime No.564 of 2017 on the file of the respondent Police, seek anticipatory bail.

2.The learned Additional Public Prosecutor appearing for the respondent Police on instruction would submit that FIR was registered against 3 named and one unnamed accused and the petitioners' name were found in the FIR, but during investigation petitioners' names were deleted by the respondent Police and now, only one accused namely Javukar Sathic, is arrayed as accused and he was arrested and remanded to judicial custody on 28.08.2017 and the petitioners' names were deleted on 28.08.2017 from this case. 3.Recording the above statement of the learned Additional https://hcservices.ecourts.gov.in/hcservices/ Public Prosecutor stating that the petitioners' names were deleted from this case on 28.08.2017 and the alleged thread of arrest or

harassment as stated by the learned counsel for the petitioner is not true. Therefore, this Court is not inclined to grant anticipatory bail to the petitioners at this stage. Accordingly, this Criminal Original petition is dismissed. sd/- 13/09/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE KENIKARAI POLICE STATION, RAMNAD DISTRICT.

2 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.R.SENTHIL KUMAR Advocate SR.No.30634

ORDER

IN CRL OP(MD) No.11701 of 2017 Date :13/09/2017 SM:CM-MSA:SAR 3:20.09.2017:2P/4C https://hcservices.ecourts.gov.in/hcservices/