Ijas Ahamed v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Sixth day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.14665 of 2017 1 IJAS AHAMED 2 FAISAL AHAMED ... PETITIONERS / A4 & A5 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE ADHIRAMAPATTINAM POLICE STATION, TANJAVUR DISTRICT, CR NO. 236/2017. ... RESPONDENT / COMPLAINANT For Petitioners : M/S.V.SASI KUMAR 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/A4 & A5 herein, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 352, 353, 294(b) and 506(ii) of I.P.C, in Crime No. 236 of 2017 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the petitioners were riding in a motor cycle and dashed against the defacto complainant's motor vehicle. The defacto complainant is none other than the Sub Inspector of Police. There was a wordy quarrel between the petitioners and the Sub Inspector of Police. Aggrieved by the same, the petitioners attacked the defacto complainant. Hence the defacto complainant lodged a complaint against these petitioners. 3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He would further submit that the petitioners/A1 and A2 were already released on bail by the Sessions Court.

4.The learned Government Advocate (Crl.side) appearing for the State submitted that they did not dispute the facts of the case. https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate

(Crl.side) that they did not dispute the facts 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, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Pattukottai, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) each with two sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(i) the petitioners/A4 and A5 shall report before the respondent police, daily at 10.30 a.m., and 5.30 p.m., for a period of four weeks ;

(ii) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(iii) the petitioner shall make themselves available for interrogation including custodial interrogation as and when required by the investigation officer; (iv) the petitioners shall not commit any offence while on bail;

(v) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law and the anticipatory bail granted stands cancelled automatically.

sd/- 06/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, PATTUKOTTAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJORE DISTRICT AT KUMBAKONAM.

3 THE INSPECTOR OF POLICE, ADHIRAMAPATTINAM POLICE STATION, TANJORE DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.V.SASI KUMAR Advocate SR.No.33948

ORDER

IN CRL OP(MD) No.14665 of 2017 Date :06/11/2017 https://hcservices.ecourts.gov.in/hcservices/ MKV-PM-PN-SAR 2/9.11.2017/2P-6C