Madras High CourtCRL OP(MD)/17629/2016allowed

Mohammed Ashik v. The Inspector Of Police

2016-09-19Honourable Mr Justice B. Gokuldas2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Nineteenth day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice B.GOKULDAS CRL OP(MD) No.17629 of 2016 1 MOHAMMED ASHIK 2 M.JIPSON VINTOH KUMAR 3 M.AL.ABRAR MALIK ..PETITIONERS/ACCUSED 1,3 & 5 Vs.

STATE REP.BY THE INSPECTOR OF POLICE THUCKALAY POLICE STATION, KANYAKUMARI DISTRICT.

CR NO. 762 OF 2016.

..RESPONDENT/COMPLAINANT For Petitioner : M/S.R.BALA MURUGANANTHAM Advocate For Respondent : Mr.A.P.BALASUBRAMANI, Government 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, pray for the grant of anticipatory bail under Section 438 of Cr.P.C. for the offences punishable under Sections 147, 323, 506(i) IPC in Crime No.762 of 2016 on the file of the respondent police.

2.The learned counsel for the petitioners submitted that the petitioners are students, studying in Noorul Islam College of Arts and Science, Kumarakovil and they have been falsely implicated in this case.

3.Learned Government Advocate (Crl. Side) submits that investigation is almost completed.

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, Padmanabhapuram, Kanyakumari District, 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; (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;

https://hcservices.ecourts.gov.in/hcservices/

(iii) petitioners shall report before the respondent police as and when required.

sd/- 19/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, PADMANABHAPURAM, KANYAKUMARI DISTRICT. 2 -do-thro'THE CHIEF JUDICIAL MAGISTRATE,KANYAKUMARI AT NAGERCOIL. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE, THUCKALAY POLICE STATION, KANYAKUMARI DISTRICT.

+3. CC to M/S.R.BALA MURUGANANTHAM Advocate SR.No.53550 & 53251 ORDER IN CRL OP(MD) No.17629 of 2016 Date :19/09/2016 PBK/SS-3/SAR-III 20/09/2016 ::2P-8C:

https://hcservices.ecourts.gov.in/hcservices/