Madras High CourtCRL OP(MD)/17003/2023granted

Ibrahim Bathusa v. The Inspector Of Police

2023-09-21Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Ibrahim Bathusa ... Petitioner/Accused No.3 Vs State represented by The Inspector of Police, Palayamkottai Police Station, Tirunelveli City.

Cr.No.607 of 2023.

... Respondent/Complainant For Petitioner :

M/s.A.Mohamed Riyaz, Advocate.

For Respondent :

Mr.R.Suresh Kumar Government Advocate (Crl.side) PETITIONS FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Bail in Crime No.607 of 2023 on the file of the Respondent police. ORDER : The Court made the following order :- The petitioner/ Accused apprehends arrest at the hands of the respondent police for the offences under Sections 294(b), 427, 506(i) of IPC in Crime No.607 of 2023, on the file of the respondent police, seeks anticipatory bail. 1/3

2. The case of the prosecution is that on 01.06.2023 at about 5.45 p.m., while the defacto complainant installed CCTV camera, due to previous motive the petitioner along with other co-accused came to the spot and caused damage to the CCTV worth about Rs.10,000/-. Hence the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent, he has been falsely implicated in this case and he has not committed any offence as alleged by the prosecution.

4. Learned Government Advocate (Crl.side) would submit that the petitioner has damaged the CCTV camera installed by the defacto complainant over a trouble arose due to previous enmity.

5. Accordingly, this Criminal Original Petition is allowed and the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of the crime number before the trial Court.

6. On such deposit, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate No.1, Tirunelveli, on condition that the petitioner 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 learned Magistrate concerned and the petitioner shall appear before the respondent police daily at 10.30 a.m., until further orders. The petitioner 2/3

shall comply with the condition stipulated under Section 438 of Cr.P.C., scrupulously.

7. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail will stand dismissed. sd/- 21/09/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

pnn TO 1 THE JUDICIAL MAGISTRATE NO.I, TIRUNELVELI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE INSPECTOR OF POLICE, PALAYAMKOTTAI POLICE STATION, TIRUNELVELI CITY.

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

ORDER IN CRL OP(MD) No.17003 of 2023 Date :21/09/2023 RS/VRS/SAR-(10.10.2023) 3P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3