Moses @ Athlaf, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Eighth day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.15191 of 2018 1 MOSES @ ATHLAF, 2 VIJAYKUMAR, ... PETITIONER(S) / ACCUSED A1 & A2 Vs 1 THE INSPECTOR OF POLICE, NAZARETH POLICE STATION, TUTICORIN DISTRICT.
(CR.NO.104/2018) ... RESPONDENT(S) / COMPLAINANT(S) For Petitioner : M/S.DAVID GANESAN Advocate For Respondent : MR.M.ASOKAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294 (b), 323 and 506(ii) I.P.C., in Crime No.104 of 2018, seek anticipatory bail.
2.The case of the prosecution is that on 14.08.2018, the defacto complainant was assaulted in the Cricket Playground and abused by using filthy language and criminally intimidated by the petitioners due to friendship with the younger sister. Hence, the complaint.
3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons. They did not commit any offence as alleged by the prosecution. Hence, he prays for anticipatory bail.
4.The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the injured has been discharged from the hospital.
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5.Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Sathankulam, Thoothukudi District and on their executing 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 on further condition that the petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.
6.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 shall stand dismissed.
sd/- 28/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE INSPECTOR OF POLICE, NAZARETH POLICE STATION, TUTICORIN DISTRICT.
(CR.NO.104/2018) 2 THE JUDICIAL MAGISTRATE, SATHANKULAM, THOOTHUKUDI DISTRICT.
DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1CC TO MR.J.DAVID GANESAN, Advocate Sr.No.16332
ORDER
IN CRL OP(MD) No.15191 of 2018 Date :28/08/2018 TR/JC/SAR-2(03/09/2018) 6C/2P https://hcservices.ecourts.gov.in/hcservices/