Madras High CourtCRL OP(MD)/12815/2023disposed of

A.Mohamed Ismail v. The Inspector Of Police

2023-07-14Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN A.Mohamed Ismail ... Petitioner/Accused Rank not known Vs State represented by The Inspector of Police, Adirampattinam Police Station, Thanjavur District.

(Crime No.Not Known of 2023).

... Respondent/Defacto Complainant For Petitioner :

Mr.S.Atham Ali, Advocate.

For Respondent :

Mr.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.Not Known of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused rank not known, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b) and 506(i) of I.P.C, in Crime No. Not Known of 2023 on the file of the respondent Police, 1/3

seeks anticipatory bail.

2. The case of the prosecution is that due to previous motive, the petitioner abused the defacto complainant in filthy language and also threatened him with dire consequences.

3. The leanred counsel for the petitioner would submit that the petitioner is the Councilor of DMK party. Five years ago, the petitioner and his wife had matrimonial dispute, in order to resolve the dispute, the petitioner seeks Rs.25,000/- from the petitioner as well as her wife each. After that, the above said issue was amicably settled between them, so that the defacto complainant and his wife asked the petitioner to return the above said amount, but he refused to return the same, also threatened them and the false case has been foisted against the petitioner.

4. The learned Government Advocate (Crl. Side) for the respondent Police submitted that it is the second occurrence. Subsequent to the first occurrence, which is assault case, the present FIR has been registered in Crime No.133 of 2023 for the offences punishable under Sections 294(b) and 506(i) of IPC.

5. Since, this petition has been filed even before registration of First Information Report in Crime No.133 of 2023, dated 10.07.2023, liberty is granted to the petitioner to file a fresh petition by mentioning the above said crime number. 2/3

6. With the above said liberty, this Criminal Original Petition is disposed of. sd/- 14/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU TO 1 THE INSPECTOR OF POLICE ADIRAMPATTINAM POLICE STATION, THANJAVUR DISTRICT.

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

ORDER IN CRL OP(MD) No.12815 of 2023 Date :14/07/2023 RS/DD/SAR-(26.07.2023) 3P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3