Syed Mohammed v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eighth day of March Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.4105 of 2016 1 SYED MOHAMMED 2 MEERA USSAIN 3 MOHAMMED KAMAL ..PETITIONERS/ACCUSED 1 to 3 Vs.

STATE REP.BY THE SUB INSPECTOR OF POLICE S.P. PATTINAM POLICE STATION, RAMANATHAPURAM DISTRICT.

(CR.NO. 18 OF 2016) ... RESPONDENT/COMPLAINANT For Petitioners : M/S.S.MUTHUKUMAR 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 :- Apprehending arrest at the hands of the respondent police in Crime No.18 of 2016, on the file of the respondent police for offences under Sections 448, 427 and 506(i) IPC, the petitioners are now before this Court seeking Anticipatory Bail. 2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) for the respondent. 3.It is seen that it is a case and counter and the counter case is in Crime No.17 of 2016.

4.Taking into consideration the nature of the allegation in the FIR against these petitioners, this Court is of the view that it is a fit case for grant of anticipatory bail. Accordingly, anticipatory bail is granted, but with conditions.

5. Accordingly, the petitioners 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, Thiruvadanai, 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that, (a) the petitioners shall report before the respondent Police every day at 06.30 p.m. until further orders. https://hcservices.ecourts.gov.in/hcservices/

[b] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioners shall not abscond either during investigation or trial.

[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]. [e] The Inspector of Police concerned is directed to send compliance report to the office of the learned Government Advocate (Crl. Side) as to whether the petitioners are complying with the condition or not.

sd/- 08/03/2016 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE, THIRUVADANAI.

2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM.

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

4 THE SUB INSPECTOR OF POLICE S.P. PATTINAM POLICE STATION, RAMANATHAPURAM DISTRICT.

+1. CC to M/S S.MUTHUKUMAR Advocate SR.No.13476 akm/11.03.2016/2p-6c/MP/AN/SAR-I

ORDER

IN CRL OP(MD) No.4105 of 2016 Date :08/03/2016 https://hcservices.ecourts.gov.in/hcservices/