Mohamed Haizer v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fourth day of August Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.13808 of 2016 1 MOHAMED HAIZER 2 RABIYUDEEN ... PETITIONER / ACCUSED No.1 & 3 Vs THE STATE REP BY THE INSPECTOR OF POLICE THIRUPULANI POLICE STATION, RAMANATHAPURAM DISTRICT.
IN CRIME NO. 186 OF 2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.J.M.HASSANUL BAZARI Advocate For Respondent : MR.P.KANNITHEVAN, 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, apprehend arrest at the hands of the respondent police for an alleged offence punishable under Sections 294(b),323 and 506(ii) of IPC and r/w. Section 4 of Tamil Nadu Women Harassment Act in Crime No.186 of 2016, seek anticipatory bail.
2. The case of the prosecution is that due to wordy quarrel the petitioners attacked the defacto complainant and abused him in filthy language and threatened him with dire consequences. On complaint, a case has been registered against the petitioners.
3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have not committed any offence as alleged by the prosecution and their names have been falsely implicated in this case.
4. The learned Government Advocate (Crl. Side) submitted that the injured has been discharged from the hospital and the investigation of the case is pending.
5. Considering the facts and circumstances of the case and also considering the fact that injured has been discharged from the hospital, I am inclined to grant anticipatory bail to the petitioners. 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 https://hcservices.ecourts.gov.in/hcservices/
of this order, before the learned Judicial Magistrate No.I, Ramanathapuram District on condition that each of the petitioners shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:
[a] the petitioners shall report before the respondent police daily at 10.00 am until further orders.
[b] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[c] the petitioners shall not abscond either during investigation or trial.
[d] 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 as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. 6.The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether the petitioners are complying with the condition or not.
sd/- 04/08/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.I,RAMANATHAPURAM 2 THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT 3 THE INSPECTOR OF POLICE, THIRUPULANI POLICE STATION, RAMANATHAPURAM DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.J.M.HASSANUL BAZARI Advocate SR.No.42110 TRP SMA/SKS-RR/SAR-I/10/08/2016 :2P/6C
ORDER
IN CRL OP(MD) No.13808 of 2016 Date :04/08/2016 https://hcservices.ecourts.gov.in/hcservices/