Benazeer @ Benazar Khan v. The Sub-Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eighth day of March Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.2521 of 2017 1 BENAZEER @ BENAZAR KHAN 2 THOUFEEK @ THOUFEEK AHAMED 3 ARIF @ THUSLIM ARIF 4 MYTHEEN NAGOOR MEERAN @ MOHAIDEEN NAGOOR MEERAN ... PETITIONERS/ACCUSED RANK NOT KNOWN Vs THE STATE REPRESENTED BY , THE SUB-INSPECTOR OF POLICE NESAMONINAGAR POLICE STATION, KANYAKUMARI DISTRICT CRIME NO. 23 OF 2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.M.A.JINNAH Advocate For Respondent : MRS.S.PRABHA, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 341, 294(b), 323, 307, 506(ii) IPC and sections 3(1) of TNPPDL Act @ under sections 147, 148, 341, 294(b), 323, 307, 506(ii) IPC and section 3(1) of TNPPDL Act in Crime No.23 of 2017 on the file of the respondent police and hence, seek anticipatory bail. 2.Heard the learned counsel for the petitioners and the learned Government Advocate(Crl. Side) for the respondent/State. 3.The learned Government Advocate(Crl.Side) appearing for the respondent on instructions submitted that the injured was discharged from the hospital.

4.Considering the facts and circumstances of the case and also considering the fact that the injured was discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions. Accordingly, the petitioners https://hcservices.ecourts.gov.in/hcservices/

are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.II, Nagarcoil 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 once in a week ie., every Monday at 10.30 a.m until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 5.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/- 08/03/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II,NAGARCOIL.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, NAGERCOIL AT KANYAKUMARI DISTRICT.

3 THE SUB-INSPECTOR OF POLICE NESAMONINAGAR POLICE STATION, KANYAKUMARI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.M.A.JINNAH Advocate SR.No.13569 SKM/NB CSL/PM/SAR-II/10.03.2017 : 2P/6C

ORDER

IN CRL OP(MD) No.2521 of 2017 Date :08/03/2017 https://hcservices.ecourts.gov.in/hcservices/