Rahmathulla v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Thirteenth day of December Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.22005 of 2018 1.RAHMATHULLA 2 RAPIYATH BEEVI ... PETITIONERS / ACCUSED Nos.1 & 2 Vs THE INSPECTOR OF POLICE KADAYANALLUR POLICE STATION, KADAYANALLUR, TIRUNELVELI DISTRICT.

(IN CRIME NO. 357 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioners : MR.S.LOUIS Advocate For Respondent : MR.S.CHANDRASEKAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 341, 294(b) and 506(i) of IPC, in Crime No.357 of 2018, seek anticipatory bail.

2.The case of the prosecution is that due to dispute over partition of lands the defacto complainant forged certain documents and had usurped the family properties of the first petitioner against which the petitioner has filed a suit in O.S.No.2461 of 2017, partition deed which is pending before the Munsif Court, Tenkasi inwhich the defacto complainant had entered appearance and filed written statement and pleadings are filed, at this stage the defacto complainant has preferred a false complaint against the petitioner.

3.The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Hence he prayed for grant of anticipatory bail to the petitioners.

4.The learned Government Advocate (Criminal Side)has no serious

objections for granting anticipatory bail to the petitioners. 5.Taking note of the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions:

6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate, Tenkasi, Tirunelveli District , on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only)each with two sureties, each for a like sum to the satisfaction of the said Magistrate concerned and on further condition that:

[a] if the petitioners fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;

[b] the petitioners shall report before the respondent police as and when required for interrogation.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial;

[d] the petitioners shall not abscond either during investigation or trial;

[e] 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]. and [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 13/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, TENKASI, TIRUNELVELI DISTRICT.

2.DO THRO'THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3.THE INSPECTOR OF POLICE, KADAYANALLUR POLICE STATION, KADAYANALLUR, TIRUNELVELI DISTRICT.

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

+1. CC to MR.S.LOUIS Advocate SR.No.23285

ORDER

IN CRL OP(MD) No.22005 of 2018 Date :13/12/2018 AAV AE/JC/SAR3/17.12.2018/3P/6C