Mohammed Mideen Abdul Kather @ Abdul Kather v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/12/2021 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Mohammed Mideen Abdul Kather @ Abdul Kather ... Petitioner/ Sole Accused Vs State Rep.by The Inspector of Police, Kottar Police Station, Kanyakumari District.

Cr.No. 864 of 2021. ... Respondent/Complainant For Petitioner : M/s.Ebenezer T.A., Advocate.

For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.864 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Sole Accused herein, who was arrested on 16.11.2021 for the alleged offence under Sections 228 and 353 of IPC, in Crime No.864 of 2021, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 16.11.2021, at about 11.20 a.m., the petitioner, who is a party in RLTOP No.12 of 2020 on the file of the learned I Additional District Munsif, Nagercoil, has interfered with the Court proceedings and prevented the defacto complainant from doing her duty. Hence, the complaint. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution.

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4.The learned Additional Public Prosecutor submitted that investigation in this case has been completed and charge sheet has been filed before the learned Judicial Magistrate No.II, Nagercoil, on 18.11.2021.

5.Without going into the merits of the matter as to what happened actually on the date of Court proceedings before the Court, considering the fact that the final report was filed before the learned Judicial Magistrate No.II, Nagercoil and the same is yet to be taken on file and considering the duration of custody, this Court is inclined to grant bail to the petitioner with certain conditions. 6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Nagercoil and on further condition that the petitioner shall report before the Judicial Magistrate No.II Court, Nagercoil, daily at 10.30 a.m.

until further orders. Further the petitioner shall file an undertaking affidavit before the learned Judicial Magistrate No.II, Nagercoil, to the effect that he will not indulge in such activities in future. sd/- 20/12/2021 / TRUE COPY / 20/12/2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. The Judicial Magistrate No.II, Nagercoil.

2. Do-Through The Chief Judicial Magistrate, Kanyakumari District at Nagercoil.

3. The Superintendent, Central Jail, Palayamkottai. 2/3

4. The Inspector of Police, Kottar Police Station, Kanyakumari District.

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.20285 of 2021 Date :20/12/2021 RS/VR/SAR1(20.12.2021) 3P-6C 3/3