Kutha @ Kutha Mohammed v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixteenth day of May Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.S.RAMESH CRL OP(MD) No.7819 of 2018 1 KUTHA @ KUTHA MOHAMMED 2 KANNADI BADHUSHA @ BADHUSHA 3 ASAN MYDEEN 4 SIRAJISHEEN 5 THIPPUSULTHAN @ SAHULHAMEED BADHUSHA ... PETITIONERS / ACCUSED NO.1 TO 5 Vs STATE REP.BY THE SUB INSPECTOR OF POLICE MELAPALAYAM POLICE STATION, TIRUNELVELI DISTRICT.

IN CRIME NO.66 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioners : M/S.M.MARAN Advocate For Respondent : MR.A.P.G.OHM CHARIMA PRABHU, Government 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 under Sections 147 and 387 IPC and Section 3 of TNPPDL Act, in Crime No.66 of 2018 and seek anticipatory bail.

2.The learned counsel for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. 3.The learned Government Advocate (Criminal side) submitted that the defacto complainant is an auto driver and the Member of SDT Union. The petitioners are said to have threatened the defacto complainant and his Union Members and demanded a sum of Rs.15,000/- for bribe and on 14.03.2018, the petitioners went to the defacto complainant's auto stand and damaged the auto and pull out his wallet.

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4.Considering the facts and circumstances of the case, this Court is inclined to grant the relief of anticipatory bail to the petitioners.

5.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Magistrate concerned within a period of 10 days from the date of receipt of a copy of this order, on executing a separate 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 Judicial Magistrate No.V, Tirunelveli, or to the satisfaction of the respondent police or the police officer who intends to arrest and on further condition that the petitioners shall appear before the respondent police daily at 10.30 a.m. for two weeks and thereafter, as and when required for interrogation.

sd/- 16/05/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.V, TIRUNELVELI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRTE TIRUNELVELI DISTRICT 3 THE SUB INSPECTOR OF POLICE MELAPALAYAM POLICE STATION, TIRUNELVELI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.M.MARAN Advocate SR.No.8600 SMN2/MM GJM/RR/RNB/18.5.18-2P-6C

ORDER

IN CRL OP(MD) No.7819 of 2018 Date :16/05/2018 https://hcservices.ecourts.gov.in/hcservices/