Mohammed Ali @ Ali v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Third day of February Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.1916 of 2016 1 MOHAMMED ALI @ ALI 2 MOHAMMED AZADH @ AZADH ... PETITIONERS / ACCUSED 1 & 3 Vs THE STATE REP.BY THE INSPECTOR OF POLICE OTHAKADAI POLICE STATION, MADURAI DISTRICT, CR NO. 698 OF 2015. ... RESPONDENT / COMPLAINANT For Petitioner : M/S N.MARIAPPAN Advocate For Respondent : MR.A.P.BALASUBRAMANI, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehended arrest at the hands of the respondent Police for the alleged offences punishable under Sections 294(b), 324 and 506(i) I.P.C., in Crime No.698 of 2015, on the file of the respondent Police, seek anticipatory bail.

2. Heard Mr.N.Mariappan, learned counsel appearing for the petitioners / Accused 1 & 3 and Mr.P.Balasubramani, learned Government Advocate (Criminal Side) appearing for the State.

3. It is represented that this is a case and counter and the injured has been discharged from the hospital.

4. Taking into consideration the fact that the injured has been discharged from the hospital, this Court is of the view that this a fit case to grant anticipatory bail to the petitioners / Accused 1 &

3. Accordingly, they are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Melur, on condition that each of the petitioners / Accused 1 & 3 shall execute 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: https://hcservices.ecourts.gov.in/hcservices/

(i) the petitioners / Accused 1 & 3 shall stay at Vadipatti and report before the Vadipatti Police Station daily morning at 10.30 a.m., and evening at 06.30 p.m., for a period of two weeks and thereafter as and when required for interrogation. (ii)the petitioners / Accused 1 & 3 shall not tamper with evidence or witness either during investigation or trial.

(iii)the petitioners / Accused 1 & 3 shall not abscond either during investigation or trial.

(iv)On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners / Accused 1 & 3 in accordance with law as if the conditions have been imposed and the petitioners / Accused 1 & 3 released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

5. The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether the petitioners are complying with the conditions or not.

sd/- 03/02/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,MELUR.

2 DO THRO'THE CHIEF JUDICIAL MAGISTRATE,MADURAI. 3 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE OTHAKADAI POLICE STATION,MADURAI DISTRICT.

5 THE OFFICER INCHARGE VADIPATTI POLICE STATION, VADIPATTI.

+1. CC to M/S N.MARIAPPAN Advocate SR.No.6807

ORDER

IN CRL OP(MD) No.1916 of 2016 Date :03/02/2016 RG.JGB-DP/SAR-I 05.02.2016 2P/7C https://hcservices.ecourts.gov.in/hcservices/