S.Mohamed Arif v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Ninth day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice C.T.SELVAM CRL OP(MD) No.18079 of 2016 1 S.MOHAMED ARIF 2 M.RAHMATH NISHA ... PETITIONER No.1 & 2 / ACCUSED No.1 & 2 Vs STATE REP BY THE SUB INSPECTOR OF POLICE PULITHIPATTI POLICE STATION, SIVAGANGAI DISTRICT IN CRIME NO.46 OF 2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.A.S.ALAUDEEN 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, prays for the grant of anticipatory bail under Section 438 of Cr.P.C. for the offences punishable under Sections 294(b) and 506(ii) IPC in Crime No.46 of 2016 on the file of the respondent police.
2. The case of the prosecution is that the petitioners tried to assault the defacto complainant with weapons, used filthy language and threatened him with dire consequences.
3. Learned Government Advocate (Crl. Side) submits that it is the case of case and counter and the injured has been discharged from the hospital.
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, Thirupathur, 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;
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(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 make themselves available for interrogation by the respondent police and thereafter as and when required.
sd/- 29/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, THIRUPATHUR 2 THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI DISTRICT 3 THE SUB INSPECTOR OF POLICE PULITHIPATTI POLICE STATION, 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.54772
ORDER
IN CRL OP(MD) No.18079 of 2016 Date :29/09/2016 SMA/SS-2/SAR-II/05/10/2016 :2P/6C https://hcservices.ecourts.gov.in/hcservices/