Hibbathullah v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/04/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.6310 of 2022

1. Hibbathullah

2. Ayubkahan

3. Sheik Syed

4. Abdul Latheef

5. Fairose Khan

6. Kudhubudeen

7. Saburmaideen @ Jabarullakhan

8. Faisal @ Mohammed Bysuk Ali ... Petitioners/Accused Vs State rep.by The Inspector of Police, Thondi Police Station, Ramanathapuram District.

(Crime No.84/2022) ... Respondent/Complainant For Petitioner : M/s.Shana Aravindha Balaji.V.A., Advocate. Dhana Law Associates, For Respondent : Mr.R.Sivakumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Cr.No.84/2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 294(b), 323, 324 and 506(ii) I.P.C. in Crime No.84 of 2022 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that there was a dispute between the parties with regard to the election and other activities of the Thondi Therkku Theru Jammath, the petitioners and other accused attacked the de-facto complainant and others with rod and wooden stick and abused them in filthy language. Hence the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that there is a dispute between the members of the Jamath. The injured sustained simple injuries and discharged from the hospital and the petitioners are not having any bad antecedents.

5.Considering the nature of offence, the overt act attributed against the petitioners, the injured person has been discharged from the hospital, the injury is simple in nature and the petitioners are not having any bad antecedents, this Court is inclined to grant anticipatory bail to the petitioners.

6.Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate, Thiruvadanai, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and the petitioners shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7.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/- 06/04/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. The Judicial Magistrate, Thiruvadanai.

2. -Do-Through The Chief Judicial Magistrate, Ramanathapuram District.

3. The Inspector of Police, Thondi Police Station, Ramanathapuram District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1. CC to M/S. DHANA LAW ASSOCIATES Advocate SR.No.17638

ORDER

IN CRL OP(MD) No.6310 of 2022 Date :06/04/2022 SP/SVR/SAR I/13/04/2022/3P/6C