1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Third day of September Two Thousand Eleven PRESENT The Hon`ble Ms. Justice R.MALA CRL OP(MD) No.12772 of 2011 1 ABUTHAKEER 2 RAJA MOHAMED 3 DAWOOD KANI @ SIDDIQ ... PETITIONERS / ACCUSED NO.2,3 & 4 Vs 1 THE INSPECTOR OF POLICE SELLUR POLICE STATION, MADURAI. ( IN CRIME NO.3108 OF 2009 ) 2 THE ASSISTANT COMMISSIONER OF POLICE, CENTRAL CRIME BRANCH, MADURAI. ... RESPONDENTS / COMPLAINANTS For Petitioner : M/S. S.M.A.JINNAH Advocate For Respondent : MR.A.RAMAR, Additional Public Prosecutor ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners are arrayed as A2, A3 and A4 in Crime No.3108 of 2009 for the alleged offence punishable under Sections 341, 307 @ 302 I.P.C. on the file of the respondent police and they were surrendered on 16.09.2011, and hence, seek bail. 2. The learned counsel for the petitioners would submit that on the basis of the complaint given by the brother of the deceased, a case has been registered in Crime No.3108 of 2009 under Sections 341, 307 @ 302 I.P.C. He further submitted that the petitioners are the auto drivers and there is a difference of opinion between the local police people and the petitioners, they were falsely implicated in this case. He further submitted that the occurrence has been taken place on 07.12.2009 and investigation was over and charge sheet has been filed. He further submitted that the petitioner was surrendered on 16.09.2011 before the learned Principal District Judge, Madurai and file a petition for bail and the same dismissed. He further submitted that after the dismissal of the bail application, he has come forwarded this petition for bail. 3. The learned Additional Public Prosecutor would submit that the motive for the occurrence is that removal of the name board in the auto stand. He further submitted that investigation was over and charge sheet has been filed and hence, he prays for dismissal of this application. 4. Considering the rival submissions made by both sides and perused the materials available on record. https://hcservices.ecourts.gov.in/hcservices/ 2 5. The alleged occurrence has taken place on 07.12.2009 in respect of the dispute regarding the removal of the name board in the auto stand. On the basis of the complaint given by the brother of the deceased, a case has been registered against the petitioners. The petitioners are the auto drivers and because of the mis-understanding between the local police and the petitioners, they were falsely implicated in this case. After the investigation, charge sheet has been filed, in that the petitioners were shown as absconding accused and as per the order of this Court, these petitioners were surrendered and file a petition before the learned Principal District Judge, Madurai and the same was dismissed. A1 has already been granted bail by this Court. 6. Considering all these facts, I am inclined to grant bail to the petitioners. 7. Accordingly, the petitioners are ordered to be released on bail on executing a separate 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, Madurai, and on further condition that the petitioner shall report before the Court concerned daily at 10.30 a.m. until further orders. sd/- 23/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE NO.II, MADURAI. 2. THE CHIEF JUDICIAL MAGISTRATE MADURAI. 3. THE INSPECTOR OF POLICE SELLUR POLICE STATION, MADURAI. 4. THE ASSISTANT COMMISSIONER OF POLICE, CENTRAL CRIME BRANCH, MADURAI. 5. THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. +1. CC to M/S. S.M.A.JINNAH Advocate SR. No.32558 ORDER IN CRL OP(MD) No.12772 of 2011 Date :23/09/2011 RJ/23.9.11 2p/7c https://hcservices.ecourts.gov.in/hcservices/