Mohamed Sheik @ Sheik @ Mandai Sheik v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17.04.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Mohammed Sheik @ Sheik @ Mandai Sheik ... Petitioner/ Accused No.1

Versus

The Inspector of Police, Courtallam Police Station, Tenkasi District.

(Crime No.125 of 2024) ... Respondent / Complainant For Petitioner :

Mr.K.Navaneetharaja, Advocate For Respondent :

Mr.B.Thanga Aravindh Government Advocate (Crl. side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.125 of 2024 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, apprehending arrest at the hands of the respondent Police, in connection with a case in Crime No.125 of 2024, for the offence punishable under Sections 147, 294(b), 323, (*) 506(i) & 379 of IPC, has filed this petition seeking anticipatory bail.

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2.The case of the prosecution is that the petitioner and the de-facto complainant are brothers. Due to previous enmity with regard to civil dispute, the petitioner has abused the de-facto complainant in filthy language, assaulted him and caused injury. Hence, the case.

3.The learned counsel appearing for the petitioner submits that the petitioner is innocent person and he has not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl.Side) appearing for the respondent Police submits that the injured has been discharged from the hospital after three days.

5.Considering the facts and circumstances of the case and also considering that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner.

6.Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail in the event of his arrest or on his appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Sengottai, on condition that (i) the petitioner executes a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties each for a like sum 2/4

to the satisfaction of the learned Judicial Magistrate, Sengottai. (ii) The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the government in proof of their residence address;

(iii) The petitioner shall appear before the respondent police as and when required for interrogation. He has to co-operate for the investigation.

(iv) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses.

(v) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the anticipatory bail.

sd/- 17/04/2024 (*) FOR CORRECTED AS PER ORDER OF THIS COURT DATED 17.04.2024 IN CRL OP(MD) NO.5931 OF 2024 / TRUE COPY / /08/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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JBR To TO BE SUBSTITUTED WITH THE ORDER DATED 17/04/2024 IS ALREADY DESPATCHED 1.The Judicial Magistrate, Sengottai.

2.Do through the Chief Judicial Magistrate, Tirunelveli District.

3.The Inspector of Police, Courtallam Police Station, Tenkasi District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.5931 of 2024 Date :17/04/2024 ED/ GS /SAR- (29/04/2024) 4P / 5C PSP /JGB (29.08.2024) 6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4