Asraf Ali v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/06/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN Asraf Ali ... Petitioner/Accused No.10 Vs The State rep. by The Inspector of Police, Kenikkarai Police Station, Ramanathapuram District.

(Crime.No.188 of 2020). ... Respondent/Complainant For Petitioner : Mr.Ajmal Khan, Senior Counsel, for M/s Ajmal Associates.

For Respondent : Mr.A.Robinson, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime.No.188 of 2020 on the file of the Respondent police.

ORDER : The Court made the following order :- Heard the learned senior counsel appearing for the petitioner and the learned Government Advocate(Criminal Side) appearing for the respondent.

2. The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 13, 14 of Foreigners Act and under Sections 269, 278, 188, 270, 271 of I.P.C., and Section 3 of Epidimic Disease Act and Sections 58(4), 134 and 135 of Tamil Nadu Public Health Act and Section 51(b) of National Disaster Management Act in Crime No.188 of 2020 on the file of the respondent police, seeks anticipatory bail.

3. The petitioner is a resident of Ramanathapuram District and he is said to have helped Tablighis for arranging their stay at Ramanathapuram. The petitioner has also been implicated as accused No.10.

4. I went through the contents of the First Information Report. I am of the view that in a case of this nature, arrest of the petitioner is not warranted.

5. In view of the above, I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.2, Ramanathapuram, and on his executing a 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 Magistrate concerned and on further condition that the petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

6. The petitioner shall appear before the concerned Magistrate within a period of eight weeks from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 12/06/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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 NO.II, RAMANATHAPURAM.

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT.

3. THE INSPECTOR OF POLICE, KENIKKARAI POLICE STATION, RAMANATHAPURAM DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.5987 of 2020 Date :12/06/2020 PMU SRS/ JC/ SAR-II/ 17.06.2020/ 3P/5C