M.Yasar Arafat v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD. Nos.13188 and 14757 of 2022 M.Yasar Arafat .. Petitioner/Accused No.(Rank Not Known) in CRL OP(MD). No.13188 of 2022 J.Bairamkhan Jalal .. Petitioner/Accused No.(Rank Not Known) in CRL OP(MD). No.14757 of 2022 Vs The State rep.by, The Inspector of Police, Elayangudi Police Station, Sivagangai District.
Crime No.177/2022.
... Respondent/Complainant in both Crl.O.Ps.
For Petitioner : M/s.Sabeer Mohamed.I, Advocate. in Crl.O.P(MD).No.13188 of 2022 For Petitioner : Mr.P.Velmurugan, Advocate.
in Crl.O.P(MD).No.14757 of 2022 For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) in both petitions PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No.177/2022 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioners/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 307, 324, 332 and 427 IPC @ Sections 147, 148, 294(b),307, 324, 332 IPC and Section 3(1) of TNPPDL Act, in Crime No.177 of 2022 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that both the parties are relatives and the defacto complainant joined in one of the political parties over which some sort of objections were made by the petitioners along with co-accused by joining another political party and caused damage to the vehicle belongs to the defacto complainant. Hence, complaint.
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3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case.
4. The learned Government Advocate (Crl. Side) for the respondent police submitted that there is a political dispute between the parties and the damage caused to the vehicle is worth about Rs.57,000/- and the investigation of the case is pending.
5. Considering the nature of offence, the overt act attributed against the petitioners, the injured person has been discharged from the hospital and the injury is simple in nature, 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, Elayangudi, 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 each of the petitioners shall deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the credit of Crime No.177 of 2022 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.
8. The petitioners must file an undertaking affidavit stating that they will not indulge this kind of offence in future before the concerned Magistrate Court and send another copy to the concerned Police Station.
9.If any violation is noticed after filing undertaking affidavit, the respondent is at liberty to take the petitioner into custody.
sd/- 29/08/2022 / TRUE COPY / 07/09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1 THE JUDICIAL MAGISTRATE, ELAYANGUDI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI DISTRICT.
3 THE INSPECTOR OF POLICE ELAYANGUDI POLICE STATION, SIVAGANGAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.I.SABEER MAHAMED, Advocate ( SR-9236[I] dated 29/08/2022 ) +1. C.C. to Mr.P.VELMURUGAN, Advocate SR.No.9235.
ORDER
IN CRL OP(MD. Nos.13188 and 14757 of 2022 Date :29/08/2022 TRP MK/VR/SAR.IV/07.09.2022/3P/7C 3/3