Salam Sathik Ali !@ Abdul v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty First day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.7446 of 2015 1 SALAM SATHIK ALI @ ABDUL HAKEEM, 2 ZAKIR HUSSAIN 3 MOHAMED FAROOK ... PETITIONER(S) / ACCUSED 1 TO 3 Vs THE STATE REP. BY THE INSPECTOR OF POLICE VALINOCKAM POLICE STATION, RAMANATHAPUAM DISTRICT, (CRIME NO.9/2015). ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.R.RAJAN Advocate For Respondent : M/S.K.V.Rajarajan Government Advocate (Crl.Side) For Intervenor : M/S.M.LINGADURAI Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as A-1 to A-3 apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 341, 232, 362 and 506(i) of I.P.C in Crime No.9 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2. According to the prosecution, on 07.11.2014, the accused had kidnapped the friend of the defacto complainant by name one Mohammed.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case.

4. The learned counsel for the intervenor vehemently opposes this application stating that the accused have committed serious offence and therefore, they are not entitled for anticipatory bail.

5. The learned Government Advocate(Crl. Side) on instructions would submit that the alleged victim was secured and he has given a statement stating that he was not kidnapped by the accused. It is further submitted that the first accused is having one previous case under the Passport Act. https://hcservices.ecourts.gov.in/hcservices/ 6.Considering the facts and circumstances of the case, 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, Mudukulathur, Ramanathapuram District, 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 at 10.00 a.m., until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. 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/- 21/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, MUDUKULATHUR, RAMANATHAPURAM. 2 Do - Through THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE VALINOCKAM POLICE STATION, RAMANATHAPUAM DISTRICT, +1. CC to M/S.R.RAJAN Advocate SR.No.20784. +1cc to M/S.F.DEEPAK, Advocate in SR.No. 21170 TS/23.04.2015/2P-7C

ORDER

IN CRL OP(MD) No.7446 of 2015 Date :21/04/2015 https://hcservices.ecourts.gov.in/hcservices/