Ajmal Khan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/06/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.10050 of 2022
1. Ajmal Khan
2. Sheik Mohamed ... Petitioners/Accused Rank Not Known Vs State rep.by The Inspector of Police, Vilakuthoon Police Station, Madurai District.
*(Crime No.130 of 2022) ... Respondent/Complainant *(Amended as per order of this Hon'ble Court dated 14.06.2022 in Crl.M.P.(MD)No.6506/2022 in Crl.O.P.(MD)No.10050/2022 by KMSJ) For Petitioners : M/s.Jinnah S M A, Advocate. For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Cr.No.130 of 2022 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294 (b), 323, 324 and 506(ii) IPC, in Crime No.130 of 2022, seek anticipatory bail.
2.The case of the prosecution is that there was a wordy quarrel between the parties regarding the parking of their vehicle, due to which, the petitioners abused the de-facto complainant in filthy language and attacked him and also caused injuries. Hence the complaint.
3.The learned counsel for the petitioners would submit that the petitioners are innocents and they have not committed any offence as alleged by the prosecution.
4.The learned Government Advocate(Crl.Side) would submit that the injured person in this case has been treated as out patient. He would further submit that the first petitioner is having no previous case and that the second petitioner is having two previous cases. 5.Considering the fact that there arose wordy quarrel between the parties regarding the parking of their vehicle and also the facts that the injured was already discharged from the hospital and that except the offence under Section 506(ii) IPC, all other offences are bailable in nature, 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 their arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court No.1, Madurai, on condition that the petitioners shall execute a bond for a sum of Rs.
(b)the petitioners shall report before the respondent police daily at 10.30 am for a period of one month and thereafter, 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/- 15/06/2022 / TRUE COPY / 21/06/2022 Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023.
SJI TO
1. THE JUDICIAL MAGISTRATE NO.I, MADURAI.
2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
3. THE INSPECTOR OF POLICE, VILAKUTHOON POLICE STATION, MADURAI DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.10050 of 2022 Date :15/06/2022 SP/JM/SAR II/21/06/2022/3P/5C