Madras High CourtCRL OP(MD)/23924/2016granted

Mrs.Kadhar Aysha, v. The Inspector Of Police,

2017-01-02Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Second day of January Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.23924 of 2016 1 KADHAR AYSHA, 2 SEGU ABDUL KADHAR UMMA @ KATHIRA 3 ALWAR, 4 AHAMED MOHIDEEN @ JAMIL, ..PETITIONERS/ACCUSED 1 to 4 Vs.

STATE REP.BY THE INSPECTOR OF POLICE, ARUMUGANERI POLICE STATION, TIRUCHENDUR TALUK, THOOTHUKUDI DISTRICT.

..RESPONDENT/COMPLAINANT For Petitioner : M/S.C.PADMARAJ Advocate For Respondent : Mr.P.KANDASAMY, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused Nos.1 to 4 respectively, in Crime No.323 of 2016 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 324, 506 (ii) of I.P.C and hence, seek anticipatory bail.

2. Heard the learned counsel for the petitioners and the learned Government Advocate(Crl. Side) for the respondent/State. 3.The learned Government Advocate(Crl. Side) on instructions submitted that there are totally four accused in this case, who are the petitioners herein and there was a wordy quarrel between the defacto complainant and the petitioners herein due to pathway dispute and the petitioners are said to have pelted stone and caused injury and there is a counter case in Crime No.324 of 2016 on the basis of the complaint given by the first petitioner herein and in which, the injured was discharged from the hospital and in this case also, the injured was discharged from the hospital. 4.Considering the facts and circumstances of the case and also considering the fact that the injured was discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions. Accordingly, the petitioners https://hcservices.ecourts.gov.in/hcservices/

are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Tiruchendur and on each of them 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 petitioners shall appear before the respondent police daily at 10.30 a.m., for a period of four weeks. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

5.The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 02/01/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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

4 THE INSPECTOR OF POLICE, ARUMUGANERI POLICE STATION, TIRUCHENDUR TALUK, THOOTHUKUDI DISTRICT.

+1. CC to M/S.C.PADMARAJ Advocate SR.No.54 ORDER IN CRL OP(MD) No.23924 of 2016 Date :02/01/2017 PBK/EM-MPA/SAR-3 03/01/2017 ::2P-6C:

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