Madras High CourtCRL OP(MD)/21008/2016disposed of

Ajmeer Kaja Mydeen v. The Inspector Of Police,

2016-11-11Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Eleventh day of November Two Thousand Sixteen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.21008 of 2016 1 AJMEER KAJA MYDEEN 2 MUTHUKUMAR ... PETITIONERS/ACCUSED rank not known Vs STATE REP BY THE INSPECTOR OF POLICE, K.K.NAGAR POLICE STATION, TRICHY DISTRICT.

CRIME NO.373 OF 2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.M.SANJAY Advocate For Respondent : M/S.S.PRABHA, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. 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 294(b), 324 and 506(i) of I.P.C., in Crime No.373 of 2016 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 28.10.2016, there was some wordy quarrel between the petitioners and the de-facto complainant and the petitioners said to have attacked the de-facto complainant with dire consequences.

3. It is submitted by the learned counsel for the petitioners that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and prays for anticipatory bail in favour of the petitioners.

4. The learned Government Advocate (Crl.side) submitted that the injured has been discharged from the hospital.

5. Considering the facts and circumstances of the case and that the injured has been discharged from the hospital, I am inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail in the event of https://hcservices.ecourts.gov.in/hcservices/

arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Trichy, 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

[a] the petitioners shall report before the respondent police daily at 10:30 a.m. until further orders.

[b] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioners shall not abscond either during investigation or trial.

[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. sd/- 11/11/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, TRICHY 2 THE CHIEF JUDICIAL MAGISTRATE TRICHY 3 THE INSPECTOR OF POLICE, K.K.NAGAR POLICE STATION, TRICHY DISTRICT.

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

+1. CC to M/S.S.M.SANJAY Advocate SR.No.67859

ORDER

IN CRL OP(MD) No.21008 of 2016 Date :11/11/2016 SMA/SS-3/AR-CS.2/23.11.2016:2P/6C https://hcservices.ecourts.gov.in/hcservices/