CRL OP(MD)/24155/2016 of IMRAN, S/O.MOHAMED NOOHU, Vs THE INSPECTOR OF POLICE, on 29 December 2016

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT( Criminal Jurisdiction )

Thursday, the Twenty Ninth day of December Two Thousand Sixteen PRESENT

The Hon`ble Mr Justice R.MAHADEVAN

CRL OP(MD) No.24155 of 2016

1 IMRAN

2 ABDUL JAPPAR

3 ABUBACKER SIDDIQ ... PETITIONERS/ACCUSED Nos.1 to 3

Vs

THE STATE REP. BYTHE INSPECTOR OF POLICE, ARUMUGANERI POLICE STATION,THOOTHUKUDI DISTRICT.

CR.NO.324 OF 2016 ... RESPONDENT/COMPLAINANT

FOR PETITIONERS : M/S.S.R.A.RAMACHADHRAN, ADVOCATEFOR RESPONDENT : Mr.P.KANDASAMY, GOVERNMENT ADVOCATE ( CRL. SIDE)

PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused Nos.1 to 3, inCrime No.324 of 2016 on the file of the respondent police, apprehendarrest at the hands of the respondent police for the allegedoffences punishable under Sections 294(b), 323, 324 and 506 (ii) ofI.P.C and hence, seek anticipatory bail.

2. The case of the prosecution is that thedefactocomplainant's family constructed a wall in the pathway and at thattime, the petitioners intervened and pushed the wall down, thereby abrick fell in the leg of the defacto complainant.

3. Heard the learned counsel for the petitioners and thelearned Government Advocate(Crl. Side) for the respondent/State.

4. The learned counsel for the petitioners submitted that thepetitioners are innocent and they have been falsely implicated inthe case.

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5. The learned Government Advocate(Crl. Side) on instructionssubmitted that there is a civil dispute pending between the parties and the investigation is pending.

6.Considering the facts and circumstances of the case, thisCourt is inclined to grant anticipatory bail to the petitioners,with certain conditions. Accordingly, the petitioners are ordered tobe released on bail in the event of arrest or on their appearancebefore the learned Judicial Magistrate, Thiruchendur and on each ofthem executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousandonly) with two sureties each for a like sum to the satisfaction ofthe learned Magistrate concerned and on further condition that thepetitioners shall appear before the respondent police daily at 10.30a.m., for a period of four weeks and thereafter as and when requiredfor interrogation. The petitioners shall comply with the conditionstipulated under Section 438 Cr.P.C. scrupulously.

7.The petitioners shall appear before the concerned Magistratewithin a period of 15 days from the date on which the order copymade ready, failing which, the petition for anticipatory bail standsdismissed.

sd/-

29/12/2016

Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, THIRUCHENDUR.

2. THE CHIEF JUDICIAL MAGISTRATE,

TUTICORIN DISTRICT.

3. THE INSPECTOR OF POLICE, ARUMUGANERU POLICE STATION, THOOTHUKUDI DISTRICT.

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

+1. CC to M/S.S.R.A.RAMACHADHRAN Advocate SR.No. 83662