Jahubar Sathik v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/06/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN
1. Jahubar Sathik
2. Mohamed Bayash ... Petitioners/Accused No.1 & 2 Vs The State Rep. By, The Inspector of Police, Keelakkarai Police Station, Ramanathapuram District.
Crime.No.117/2022.
... Respondent/Complainant For Petitioner : M/s.Seenisulthan M, 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. 117 of 2022 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioners/Accused No.1 & 2, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 324 and 506(ii) of I.P.C, in Crime No.117 of 2022 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the petitioners and the father of the defacto complainant are running vegetable shops at Hindu Bazaar, Keelakkarai. on 17.06.2022, at about 08.30 p.m, due to wordy quarrel between the petitioners and the defacto complainant with regard to parking the two wheeler of the defacto complainant, the petitioners assaulted the defacto complainant with wooden logs and caused injury to him. Hence, the complaint. 1/3
3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case. He further submitted that the injured was discharged from the hospital. Hence,he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl. Side) for the respondent police submitted that due to previous motive, when the defacto complainant riding the two wheeler, the petitioners along with other accused way laid him and also attacked him with wooden log and caused injury to him. The injured sustained only simple injury and he has been discharged from the hospital and no previous case is pending against the petitioners.
5. Considering the facts and circumstance of the case and also considering the fact that the petitioners are not having previous case and injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners.
6. Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate- No.I,Ramanathapuram, 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 learned Magistrate concerned and the petitioners shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
7. The petitioners 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 stands dismissed.
sd/- 23/06/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
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TO
1. THE JUDICIAL MAGISTRATE NO.I, RAMANATHAPURAM.
2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.
3. THE INSPECTOR OF POLICE, KEELAKKARAI POLICE STATION, RAMANATHAPURAM DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.M.SEENISULTHAN, Advocate ( SR-6190[I] dated 27/06/2022 )
ORDER
IN CRL OP(MD) No.11131 of 2022 Date :23/06/2022 dss USK/PN/SAR-I/29.06.2022/3P/6C 3/3