Rabeek Raja v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Fourth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.6712 of 2018 1 RABEEK RAJA 2 ABU @ MOHAMED AFSAR RAHMAN 3 AMEER @ AMEER ALI 4 KOOLKOORICHAN KALID @ HALITH AMEENULLAH 5 UMAR @ UMAR MUKTHAR ... PETITIONERS No.1 to 5/ ACCUSED No.1,2,3,5 & 6 Vs STATE REPRESENTED BY, THE INSPECTOR OF POLICE, ILAYANGUDI POLICE STATION, ILAYANGUDI, SIVAGANGAI DISTRICT.

CRIME NO.86/2018 ... RESPONDENT/COMPLAINANT For Petitioners : M/S.S.A.S.ALAUDEEN, Advocate For Respondent : M/S.A.ROBINSON, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under Sections 147, 294(b), 341, 323 and 506(ii) IPC in Crime No.86 of 2018, seek anticipatory bail.

2.The case of the prosecution is that the de-facto complainant is the building contractor. On 16.04.2018 at 21.40 hours, his elder's brother's son was attacked by the petitioners herein. When the same was questioned by the de-facto complainant, the petitioners abused him in filthy language and also threatened him with dire consequences. On complaint, a case has been registered for the abovesaid offences.

3.It is submitted by the learned counsel for the petitioners that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and prays for anticipatory bail in favour of the petitioners. https://hcservices.ecourts.gov.in/hcservices/

4.It is submitted by the learned Government Advocate (Criminal side) that the injured person had already been discharged from the hospital.

5.Taking note of the above said facts and circumstances, 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 District Munsif-cum-Judicial Magistrate, Illayangudi, and on their 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 as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

6.The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 24/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, ILLAYANGUDI, SIVAGANGAI DISTRICT.

2 DO THROUGH THE CHIEF JUDCIAL MAGISTRATE, SIVAGANGAI DISTRICT.

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

+1. CC to M/S.S.A.S.ALAUDEEN, Advocate SR.No.7074

ORDER

IN CRL OP(MD) No.6712 of 2018 Date :24/04/2018 PK/PMI/GSR/27.04.2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/