Mohammed Kasim v. The Sub Inspector Of Police

CRL OP(MD). No.13346 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.13346 of 2022

1. Mohammed Kasim

2. Kathar Hgussain

3. Seik Abthullah

4. Piranmalai ... Petitioners/Accused No.1 to 4 Vs The State Rep. By, The Sub Inspector of Police, Devakottai Town Police Station, Sivagangai District.

Crime.No.150 of 2022.

... Respondent/Complainant For Petitioner : M/s. Muthukumar.S, Advocate.

For Respondent : Mr. B. Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 150 of 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 294(b), 323 and 506(ii) IPC and in Crime No.150 of 2022 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to wordy quarrel arose between the petitioners and the defacto complainant the petitioners herein are said to have assaulted the defacto complainant by using deadly weapons and also abused him in filthy language. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case. He would further submit that counter case has also been registered against the defacto complainant in Crime No.149 of 2022. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.13346 of 2022

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that it is a case and counter case and the petitioners have also sustained injury and the injured have been discharged from the hospital.

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, Devakkottai 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 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.

sd/- 25/07/2022 / TRUE COPY / /07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, DEVAKOTTAI.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3. THE SUB INSPECTOR OF POLICE, DEVAKOTTAI TOWN POLICE STATION, SIVAGANGAI DISTRICT.

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

+1 CC to M/s.S.MUTHUKUMAR, Advocate ( SR-7606[I] dated 25/07/2022 ) ORDER IN CRL OP(MD) No.13346 of 2022 Date :25/07/2022 USK/JM/SAR-I/27.07.2022/2P/6C https://www.mhc.tn.gov.in/judis 2/2