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Madras High CourtCRL OP(MD)/16233/2018ordered

Abdul Muthalif v. The Inspector Of Police

2018-09-11Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eleventh day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.16233 of 2018 ABDUL MUTHALIF ... PETITIONER / ACCUSED NO.5 Vs STATE THROUGH THE THE INSPECTOR OF POLICE, NESAMANI NAGAR POLICE STATION, NAGERCOIL, AGASTHEESWARAM TALUK, KANYAKUMARI DISTRICT.

(CRIME NO. 501/2017) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.R.MAHESWARAN Advocate For Respondent : Mrs.ANANTHA DEVI Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 341, 294(b), 332 and 506(i) I.P.C in Crime No.501 of 2017, seeks anticipatory bail.

2.The case of the prosecution is that the defacto complainant is the driver of the Government bus. On 05.12.2017 when the petitioner was in duty, an ambulance containing a dead body was proceeding in the front and at that time a person coming in a pulsar bike along with some other persons quarreled with the defacto complainant and attacked him.

3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent.

4.The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the injured has been discharged from the hospital.

https://hcservices.ecourts.gov.in/hcservices/ 5.Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain

conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate II, Nagercoil, 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 condition that the petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

6.The 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.

sd/- 11/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO-II, NAGERCOIL.

2 THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI AT NAGERCOIL.

3 THE INSPECTOR OF POLICE NESAMANI NAGAR POLICE STATION, NAGERCOIL, AGASTHEESWARAM TALUK, KANYAKUMARI DISTRICT.

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

PS/PN/SAR-2:19/09/2018:2P/5C

ORDER

IN CRL OP(MD) No.16233 of 2018 Date :11/09/2018 https://hcservices.ecourts.gov.in/hcservices/