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Madras High CourtCRL OP(MD)/12281/2018granted

Mohammed Sahul Hameed @ v. The Inspector Of Police

2018-07-19Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Nineteenth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.12281 of 2018 1 MOHAMMED SAHUL HAMEED @ SAHUL 2 THAVULATH NISHA ... PETITIONERS/ACCUSED No.1 & 2 Vs THE STATE REP.BY ITS., THE INSPECTOR OF POLICE PARTHIBANOOR POLICE STATION, RAMAMANATHAPURAM DISTRICT.

CR.NO.92 OF 2018 ... RESPONDENT/COMPLAINANT For Petitioners : MR.M.S.JEYAKARTHIK, Advocate For Respondent : MR.A.ROBINSON, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under Sections 294(b) and 323 of I.P.C. and Section 4 of TNPWH Act, in Crime No.92 of 2018, seek anticipatory bail.

2.Heard the learned counsel for the petitioners. 3.The learned Government Advocate (Criminal side) for the respondent submits that the second petitioner is not an accused. Hence, this petition is closed as far as the second petitioner is concerned.

3.It is seen that there is a civil dispute between the first petitioner and the defacto complainant. Hence, this Court is inclined to grant anticipatory bail to the first petitioner with certain conditions. Accordingly, the first petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Paramakudi and on their 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 first petitioner shall appear before the respondent police as and when https://hcservices.ecourts.gov.in/hcservices/

required for interrogation. The first petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 4.The first petitioner 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 shall stand dismissed.

sd/- 19/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, PARAMAKUDI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT 3 THE INSPECTOR OF POLICE PARTHIBANOOR POLICE STATION, RAMANATHAPURAM DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to MR.M.S.JEYAKARTHIK, Advocate SR.No.13664

ORDER

IN CRL OP(MD) No.12281 of 2018 Date :19/07/2018 PK/JC/SAR-2/25.07.2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/