N.Mohammed Iqbal v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Nineteenth day of August Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Crl.M.P(MD) Nos.7532 & 8243 of 2024 in Crl.O.P(MD) Nos.5338 & 6491 of 2024 1 N.MOHAMMED IQBAL 2 NAGOOR @ SHAHUL HAMEED 3 RASITH @ KAMAL HUSSAIN 4 MASTHAN 5 SHEIK BARITH 6 IJAZ 7 NASEER 8 ANWAR 9 M.I.ABDUL GAFOOR @ SATHIK 10 AFSAL 11 ASHIK 12 N.SYED RAFEEK 13 SHAHUL HAMEED 1/5
14 RASOOL THAYYUB 15 SAHUL HAMEED 16 MOHAMMED HANIFA 17 ASHARAF 18 UMAMA ... PETITIONERS/PETITIONERS in CRL MP(MD)No.7532 of 2024 1 N.MOHAMMED IQBAL 2 NAGOOR @ SHAHUL HAMEED 3 RASITH @ KAMAL HUSSAIN 4 MASTHAN 5 SHEIK BARITH 6 ANWAR ... PETITIONERS/ACCUSED No.7 TO 12 in CRL MP(MD)No.8243 of 2024 Vs THE INSPECTOR OF POLICE KANIYAKUMARI POLICE STATION, KANNIYAKUMARI, KANNIYAKUMARI DISTRICT.
(CRIME NO.157/2024).
... RESPONDENT/RESPONDENT in CRL MP(MD)No.7532 of 2024 (CRIME NO.158/2024).
... RESPONDENT/RESPONDENT in CRL MP(MD)No.8243 of 2024 Criminal Miscellaneous Petition filed praying that in the circumstances stated 2/5
therein and in the petition filed therewith the High Court may be pleased to modify the condition no.6 imposed by this Honble court in Crl O.P (MD) No. 5338 of 2024 dt. 24.06.2024.
Prayer in CRL MP(MD). 8243/ 2024 :
To modify the conditions imposed in 5(i) and (iii) of the order in Crl.OP(MD) No.6491/2024 dated 19.07.2024.
Order : These Criminal Miscellaneous Petitions coming up for orders on this day, upon perusing the petitions filed in support thereof and upon hearing the arguments of Mr.RM.ARUN SWAMINATHAN, Advocate for the petitioners in both the petitions and of Mr.B.THANGA ARAVINDH, Government Advocate(Crl.side) on behalf of the Respondent in both the petitions., the Court made the following order:- These petitions have been filed by the petitioners seeking to modify the condition imposed by this Court in Crl.O.P(MD) Nos.5338 & 6491 of 2024. 2.The learned counsel for the petitioners submitted that the entire Jamath members belonging to Meerasa Jamath have been arrayed as accused in Cr.No.157 & 158 of 2024 on the file of the respondent Police. This Court has already granted anticipatory bail in Crl.O.P(MD) No.5338 of 2024, dated 24.06.
2024 for 18 persons, who were arrayed as accused in Cr.No.157 of 2024 and also granted anticipatory bail in Crl.O.P(MD) No.6491 of 2024, dated 19.07.2024 for 6 persons, who were arrayed as accused in Cr.No.158 of 2024. At the time of granting anticipatory bail, this Court has directed the petitioners to furnish two sureties each for a sum of Rs.
the satisfaction of the trial Court. Now, the petitioners could not arrange two sureties each, since all the petitioners are residents and relatives of a particular area. Hence, these petitions have been filed seeking modification of the aforesaid condition.
3.Considering the aforesaid averments made by the learned counsel for the petitioners and the nature of dispute between the parties, this Court hereby modifies the condition No.5(i) in Crl.O.P(MD) No.5338 of 2024 to the effect that: ● The petitioners shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand) each with one surety for a likesum to the satisfaction of the learned Judicial Magistrate No.1, Nagercoil, Kanyakumari District. 4.In respect of Crl.O.P(MD) No.6491 of 2024, the trial Court shall accept the same sureties furnished by the petitioners in Crl.O.P(MD) No.5338 of 2024. 5.With the above modifications, these Criminal Miscellaneous Petitions are ordered.
sd/- 19/08/2024 / TRUE COPY / /08/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
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PNM TO 1 THE JUDICIAL MAGISTRATE NO.I NAGERCOIL, KANYAKUMARI DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.
3 THE INSPECTOR OF POLICE KANIYAKUMARI POLICE STATION, KANNIYAKUMARI, KANNIYAKUMARI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+2 CC to M/s.RM.ARUN SWAMINATHAN, Advocate ( SR-10209,10210[I] dated 21/08/2024 )
ORDER
IN Crl.M.P(MD) Nos.7532 & 8243 of 2024 in Crl.O.P(MD) Nos.5338 & 6491 of 2024 Date :19/08/2024 SS/GS/SAR- /27/08/2024/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5