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Madras High CourtCRL OP(MD)/15848/2018ordered

Sahul Hameed, v. The Inspector Of Police,

2018-09-05Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifth day of September Two Thousand Eighteen PRESENT THE HON`BLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL OP(MD) No.15848 of 2018 1 SAHUL HAMEED, 2 MARIYAM, 3 RAMLATH, 4 MAGUTHAMMAL, 5 NAGOOR, 6 LAILAL BEEVI, ... PETITIONER / ACCUSED NO.1 TO 6 Vs STATE REP BY THE INSPECTOR OF POLICE, ATCHANPUTHUR POLICE STATION, TIRUNELVELI DISTRICT.

(IN CRIME NO.172/2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.K.JEGAN Advocate For Respondent : MR.V.NEELAKANDAN, ADDL. PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 506 (i) of I.P.C and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.172 of 2017, seek anticipatory bail.

2.The case of the prosecution is that there was a family dispute between the petitioners and the defacto complainant, due to which, the petitioners assaulted the defacto complainant and abused her with filthy language. Hence, the complaint.

3.The learned counsel appearing for the petitioners would submit that the petitioners are an innocent and they have not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners. 4.Heard the learned Additional Public Prosecutor appearing for the respondent.

5.Considering the facts and circumstances of the case, 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, Senkottai 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 first petitioner shall appear before the respondent police daily at 10.30.a.m., thereafter as and when required for interrogation. The other petitioners Nos.2, 3, 4, 5 and 6 shall appear before the respondent 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/- 05/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGAISTRATE SENKOTTAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

3 THE INSPECTOR OF POLICE, ATCHANPUTHUR POLICE STATION, TIRUNELVELI DISTRICT.

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

+1. CC to M/S.K.JEGAN Advocate SR.No.16896

ORDER

IN CRL OP(MD) No.15848 of 2018 Date :05/09/2018 TR/JC/SAR-1 (11/09/2018) 3P/6C