Madras High CourtCRL OP(MD)/13015/2018disposed of

Abthahir @ Shiek Syed v. The Inspector Of Police

2018-07-26Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Sixth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.13015 of 2018 1 ABTHAHIR @ SHIEK SYED ABUTHAHIR, 2 SIKKANTHAR ... PETITIONERS / ACCUSED 1&6 Vs THE STATE BY THE INSPECTOR OF POLICE KEELATHOOVAL POLICE STATION, RAMNAD DISTRICT.

CR.NO.66 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioners : MR.D.VENKATESH Advocate For Respondent : MR.A.ROBINSON, Govt. 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 147, 148, 452, 294(b), 323, 324, 336 and 506(ii) of IPC r/w Section 4 of TNPHW Act in Crime No.66 of 2018, seek anticipatory bail. 2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the respondent. 3.A reading of the FIR shows that the first petitioner indulged in acts that are clearly diminishing the dignity of the women. When the defacto complainant pulled up the first petitioner, the offences in question has been committed. Therefore, this Court is inclined to dismiss this criminal original petition as regards the first petitioner.

4.Since the second petitioner is said to have played only a limited role, this Court is inclined to grant anticipatory bail to the second petitioner with certain conditions. Accordingly, the second petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Mudukulathur and on his 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 https://hcservices.ecourts.gov.in/hcservices/

condition that the second petitioner shall appear before the respondent police as and when required for interrogation. The second petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

5.The second 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.

6.This Criminal original petition is dismissed with regard to the first petitioner.

sd/- 26/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, MUDUKULATHUR 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT.

3 THE INSPECTOR OF POLICE KEELATHOOVAL POLICE STATION, RAMNAD DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.D.VENKATESH Advocate SR.No.14119 TM GJM/RR/SAR-2-31.7.18-2P-6C

ORDER

IN CRL OP(MD) No.13015 of 2018 Date :26/07/2018 https://hcservices.ecourts.gov.in/hcservices/