A.Rahimul Hamdhu v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN
1. A.Rahimul Hamdhu ...1st Petitioner/1st Accused
2. Abdullah ...2nd Petitioner/4th Accused
3. Jesminabanu ... 3rd Petitioner/5th Accused Vs The Inspector of Police, Karaikudi North Police Station, Sivagangai District.
Crime No.195 of 2023.
... Respondents For Petitioners : M/s.Jerin Mathew M, Advocate.
For Respondent : Mr.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C 1/5
PRAYER :- For Anticipatory Bail in Crime No.195 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 294(b), 323, 324 and 506(i) of IPC, in Crime No.195 of 2023, seek anticipatory bail.
2. The case of the prosecution is that the first petitioner promised the defacto complainant that she will arrange the marriage between her daughter and the defacto complainant. Thereafter, he had made arrangements for the marriage with some other person. Therefore, the defacto complainant went to the first petitioner's house to get the Yamaha Rayzer bike gifted by him to the first petitioner's daughter. Therefore, wordy quarrel arose between them and the petitioners attacked the defacto complainant and caused injuries to him.
3. The learned counsel for the petitioners submitted that three months back, the first petitioner lodged a complaint against the defacto complainant and the same was registered in Crime No.173 of 2023. He further submitted that in that case, the defacto complainant is shown as accused and he was arrested and thereafter, released on bail. 2/5
After coming out of bail, the present complaint has been given by the defacto complainant only on 21.07.2023.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that in the occurrence, the defacto complainant has lost his vision. 5.Considering the facts and the circumstances of this case and also of the fact the present complaint has been given belatedly, this Court is inclined to grant anticipatory bail to the petitioners, however, with stringent conditions. 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, before the learned Judicial Magistrate, Karaikudi, and on their executing 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 second petitioner shall appear before the respondent police on every Saturday at 10.30 am until further orders and the petitioners 1 and 2 shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously.
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7.The petitioners shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 02/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TTA TO 1.THE JUDICIAL MAGISTRATE, KARAIKUDI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI.
3.THE INSPECTOR OF POLICE, KARAIKUDI NORTH POLICE STATION, SIVAGANGAI DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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+1 CC to M/s.M.JERIN MATHEW, Advocate ( SR-11713[I] dated 02/08/2023 )
ORDER
IN CRL OP(MD) No.14074 of 2023 Date :02/08/2023 RK/BUC (18/08/2023) 5P /6 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5