H.Kalil Rahman, v. The Sub Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Second day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.15961 of 2017 1 H.KALIL RAHMAN, 2 A.SHAHUL @ SHAHUL HAMEED, 3 A.MOHAMED HANIFA, ... PETITIONERS/ACCUSED Vs STATE THROUGH THE SUB INSPECTOR OF POLICE, MELUR POLICE STATION, MADURAI DISTRICT.

CRIME NO.1192 OF 2017. ... RESPONDENT/ COMPLAINANT For Petitioners : M/S.D.THIRUPPATHI 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/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 448, 294(b), 323 and 506(i) of I.P.C., r/w under Section 4 of Women Harassment Act, in Crime No.1192 of 2017, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that on 16.11.2017, the defacto complainant's son quarrelled with the petitioner, thereby the petitioner attacked the defacto complainant. As a result, the defacto complainant sustained injuries.

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 in fact a case in counter has been lodged by the petitioners herein against the defacto complainant.

4.The learned Government Advocate (Crl.side) appearing for the State submitted that injured has been discharged from the hospital.

5.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.side) that injured has 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, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Melur, 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/A1 and A2 shall report before the respondent police, daily at 10.30 a.m., for a period of two weeks and the petitioner/A3 shall report before the respondent police as and when required;

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

(iii) the petitioners shall make themselves available for interrogation including custodial interrogation as and when required by the investigation officer;

(iii) the petitioners shall not commit any offence while on bail;

(iv) 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/- 22/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, MELUR

2 THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT 3 THE SUB INSPECTOR OF POLICE, MELUR POLICE STATION, MADURAI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.D.THIRUPPATHI Advocate SR.No.34838

ORDER

IN CRL OP(MD) No.15961 of 2017 Date :22/11/2017 SMA/PM-PN/SAR-1/27.11.2017:3P/6c