Ismath Ali @Kismath Ali v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19.08.2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI 1.Ismath Ali @ Kismath Ali 2.Amjath @ Amsath Beevi 3.Maimoon Asiya @ Maimpon Asiya 4.Megar @ Megar Banu ... Petitioners/Accused Nos.1 to 4 Vs The State rep.by The Inspector of Police, Thondi Police Station, Thondi, Ramanathapuram District.

Crime No.194 of 2021.

... Respondent/Complainant For Petitioners : Mr.N.PRAGALATHAN, Advocate.

For Respondent : Mr.T.SENTHILKUMAR, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No.194 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 324 and 506(ii) of IPC in Crime No.194 of 2021, seek anticipatory bail.

2. The case of the prosecution is that there is a land dispute between the petitioners and the defacto complainant, due to which, the petitioners attacked the defacto complainant's husband using wooden log and stones. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they are falsely implicated in this case.

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4. The learned Government Advocate (Criminal Side) appearing for the respondent Police, on instructions, would submit that the injured was treated as out patient.

5. Considering the nature of allegation as against the petitioners and the fact that the injured was treated as out patient, this Court is inclined to grant Anticipatory Bail to the petitioners. Accordingly, this petition is allowed.

6. The petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate Court, Thiruvadanai, Ramanathapuram 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions that: [a]the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity.

[b]the petitioners shall report before respondent police as and when required, until further orders.

[c]the petitioners shall not tamper with the 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]. [f]If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 19/08/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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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.

TO 1.THE JUDICIAL MAGISTRATE THIRUVADANAI, RAMANTHAPURAM DISTRICT.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3.THE INSPECTOR OF POLICE, THONDI POLICE STATION, THONDI, RAMANATHAPURAM DISTRICT.

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

+1. CC to Mr.N.PRAGALATHAN, Advocate SR.No.5588

ORDER

IN CRL OP(MD) No.11771 of 2021 Date :19/08/2021 SA/JM/SAR.2/27.08.2021/3P/6C 3/3