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Mohammed Lmithias v. the Inspector of Police

Madras HC9 Dec 2013CRL OP(MD)/20612/2013

Case brief

AI extract

What is this about?

In this anticipatory bail petition under Section 438 Cr.P.C., the Madurai Bench of the Madras High Court granted bail to the petitioner who was arrayed as an accused in a case involving offences under Sections 302/307 IPC. The Court ordered his release upon executing a bond and complying with specific conditions.

What did the court decide?

Petitioner ordered to be released on bail in event of arrest on executing a bond of Rs.10,000 with two sureties for a like sum.

Mohammed Lmithias Vs the Inspector of Police — Murder and Culpable Homicide | Madras HC (2013)

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

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Monday, the Ninth day of December Two Thousand Thirteen

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PRESENT

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The Hon`ble Mr.Justice M.SATHYANARAYANAN

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CRL OP(MD) No.20612 of 2013

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MOHAMMED LMITHIAS ... PETITIONER/ACCUSED

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THE STATE REP BY THE INSPECTOR OF POLICE KOTTAR POLICE STATION, NGERCOIL, KANYAKUMARI DIST. CR. NO. 396/2013. ... RESPONDENT/COMPLAINANT

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For Petitioner : M/S.N.DILIP KUMAR Advocate For Respondent : MR.K.V.RAJARAJAN Govt. Advocate ( Crl. Side)

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

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ORDER : The Court Made the following order :-

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Totally there are six accused in this case. The petitioner, who is arrayed as A-4 apprehending arrest at the hands of the respondent police for the alleged commission of offences punishable under Sections 147, 294 (b),341 & 307 of I.P.C @ 302 of I.P.C in Cime No. 396 of 2013 on the file of the respondent police, seeks anticipatory bail.

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The case of the prosecution is that the first accused was having enmity towards the deceased Sirajudeen with regard to the celebration of the festival and elephant procession and on 05.06.2013, there was a wordy altercation, in which, the first accused had attacked the deceased with an iron rod on his head and other persons prevented the deceased from fleeing away from the scene of occurrence.

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The learned counsel for the petitioner would submit that the petitioner has excelled in sports and he is a B.Com., graduate and is employed in Uganda and for taking treatment, he came to India and he is falsely implicated in this case.

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The learned Government Advocate(Crl. Side) would submit that A-1 was arrested and in his confession he has stated that the petitioner along with other accused had prevented the injured/deceased from fleeing away from the scene of occurrence and that the investigation is pending and further that, the petitioner is not having any bad antecedents.

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Heard the learned counsel appearing for the petitioner and the learned Government Advocate(crl. Side) appearing for the State and perused the materials available on record. https://hcservices.ecourts.gov.in/hcservices/

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Considering the above facts and circumstances of the case, this Court is inclined to enlarge them on anticipatory bail. Accordingly, the

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petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.II, Nagercoil, and on his executing a 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 Magistrate concerned and on further condition that the petitioners shall appear before the respondent police daily at 11.00 a.m., until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C., scrupulously.

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The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready failing which, the petition for anticipatory bail stands dismissed. sd/-

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09/12/2013

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/ TRUE COPY /

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

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Madurai - 625 023.

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1 THE JUDICIAL MAGISTRATE NO.II NAGERCOIL

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2 THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI AT NAGERCOIL

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3 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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4 THE INSPECTOR OF POLICE KOTTAR POLICE STATION, NGERCOIL, KANYAKUMARI

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+1. CC to M/S.N.DILIP KUMAR Advocate SR.No.61171

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AA/12.12.2013/ 2p- 6c/

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ORDER

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CRL OP(MD) No.20612 of 2013

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Date :09/12/2013

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

Mohammed Lmithias v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

Mohammed Lmithias v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

Parties & counsel

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