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Madras High CourtCRL OP(MD)/16823/2016ordered

Umarkathap, v. The Inspector Of Police,

2016-09-14Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourteenth day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice C.T.SELVAM CRL OP(MD) No.16823 of 2016 1 UMARKATHAP, 2 NASAR DEEN, 3 MOHAMMED SAMIR ALI ... PETITIONERS / ACCUSED No.1 to 3 4 KISHAR AHAMED, ... PETITIONER / ACCUSED RANK NOT KNOWN Vs STATE REP.BY THE INSPECTOR OF POLICE, KODAIKANAL POLICE STATION, KODAIKANAL, DINDIGUL DISTRICT IN CRIME NO.200 OF 2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.J.Sulthan Basha Advocate For Respondent : MR.K.V.Rajarajan Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Petitioners, who are arrayed as accused Nos.1 to 3, pray for the grant of anticipatory bail under Section 438 of Cr.P.C. for the offences punishable under Sections 447, 448, 323 and 379 of I.P.C., in Crime No.200 of 2016 on the file of the respondent police.

2. The learned counsel for the petitioners submitted that in a dispute between adjacent land owners, a false case has been preferred against the petitioners.

3. Learned Government Advocate (Crl. Side) submitted that this is a case of case in counter.

4. On consideration of the facts and circumstances of the case and the submissions made, this Court is of the view that the petitioners can be granted the relief prayed for and accordingly; (a) In the event of arrest by or on appearance before the respondent police;

(b) In the event of appearance before the learned Judicial Magistrate, Kodaikanal within 15 days from the date of receipt of copy of the order, (i) petitioners shall be enlarged on bail on each of them executing a bond for Rs.10,000/- (Rupees ten thousand only) with two sureties each for the like sum to their satisfaction; https://hcservices.ecourts.gov.in/hcservices/

(ii) petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer;

(iii) petitioners shall appear before the respondent police daily at 10.30 a.m. for a period of one week and thereafter as and when required.

sd/- 14/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, KODAIKANAL 2 -DO-THRO THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT 3 THE INSPECTOR OF POLICE, KODAIKANAL POLICE STATION, KODAIKANAL, DINDIGUL DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.AJMAL ASSOCIATES Advocate SR.No.52675 sm:GSV-PM:SAR III:22/09/2016:2P/6C

ORDER

IN CRL OP(MD) No.16823 of 2016 Date :14/09/2016 https://hcservices.ecourts.gov.in/hcservices/