CRL OP(MD)/18010/2017 of JABA MOHAMMED YOSUF Vs THE INSPECTOR OF POLICE on 28 December 2017

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

Thursday, the Twenty Eighth day of December Two Thousand Seventeen PRESENT

The Hon`ble Mr Justice S.VAIDYANATHAN

JABA MOHAMMED YOSUF ... PETITIONER/SOLE ACCUSED

Vs

1 THE INSPECTOR OF POLICE TOWN POLICE STATION, RAMANATHAPURAM, RAMANATHAPURAM DISTRICT, IN CRIME NO. 404 OF 2017..1[st] RESPONDENT/COMPLAINANT

2 RANJANI .. RESPONDENT/DEFACTO

COMPLAINANT

For Petitioner : Mr.K.SANJAI GANDHI, Advocate For Respondent : Mr.K.ANBARASAN, Government Advocate (Crl.side)

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

ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police forthe alleged offences punishable under Sections 342, 294(b), 324 and506(ii) of IPC and Section 4 of Tamil Nadu Prohibition ofHarassment of Women Act in Crime No.404 of 2017 on the file of therespondent police, the petitioner has come forward with thispetition seeking anticipatory bail.

2.Heard the learned counsel for the petitioner and thelearned Government Advocate (Crl. Side) appearing for the respondentpolice.

3.The case of the prosecution is that on 11.12.2017 due towordy quarrel, the petitioner is alleged to have abused the defactocomplainant in filthy language and also attacked her, which resultedin registration of the case.

4.Learned counsel for the petitioner would submit that thepetitioner has been falsely implicated in this case.https://hcservices.ecourts.gov.in/hcservices/

5. Learned Government Advocate (Crl.Side) submitted that theinjured has been discharged from the hospital.

6. Considering the facts and circumstances of the case andtaking note of the fact that injured has been discharged from thehospital, this Court is of the view that custodial interrogation ofthis petitioner is not necessary at this stage. Therefore, thisCourt is inclined to grant anticipatory bail to the petitioner.

7. Accordingly, the petitioner is ordered to be released onbail in the event of his arrest or appearance, within a period offifteen days from the date of receipt of a copy of this order,before theJudicial Magistrate, Sankarankovil, subject to thefollowing conditions:

(i) the petitioner shall execute a bond for a sumof Rs.10,000/- (Rupees Ten Thousand only) with twosureties each for a like sum to the satisfaction of therespondent police or the police officer who intends toarrest or to the satisfaction of the Magistrateconcerned;

(ii) the petitioner shall report before therespondent police daily at 10.30 a.m. for two weeks andthereafter, as and when required for interrogation;

(iii) the petitioner shall not tamper with evidenceor witness either during investigation or trial;

(iv) the petitioner shall not abscond either duringinvestigation or trial;

(v) on breach of any of the aforesaid conditions,the Magistrate/Trial Court is entitled to takeappropriate action against the petitioner in accordancewith law as if the conditions have been imposed and thepetitioner released on bail by the Magistrate/Trial Courthimself as laid down by the Hon'ble Supreme Court inP.K.Shaji vs. State of Kerala [(2005) AIR SCW 5560].

sd/-

28/12/2017

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

TO

1 THE JUDICIAL MAGISTRATESANKARANKOILSANKARANKOIL

https://hcservices.ecourts.gov.in/hcservices/

2 -do- thro' THE CHIEF JUDICIAL MAGISTRATETIRUNELVELI DISTRICTTIRUNELVELI DISTRICT

3

3 THE INSPECTOR OF POLICETOWN POLICE STATION, RAMANATHAPURAM, RAMANATHAPURAM DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI

+1. CC to M/S.K.SANJAI GANDHI Advocate SR.No.37096