Criminal Original Petition seeking anticipatory bail under Section 438 Cr.P.C. was dismissed due to the serious nature of the grave allegations regarding retaliatory attacks and implicating arrested accomplices.
Application for anticipatory bail dismissed; petitioners may be arrested in respect of the alleged offences.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Thirteenth day of February Two Thousand Fifteen PRESENT
The Hon`ble Mr Justice P.N.PRAKASH
CRL OP(MD) No.1108 of 2015
1 N. ASARAF ALI 2 B. ALTAF ... PETITIONERS/ACCUSED RANK NOT KNOWN
THE STATE REP BY THE INSPECTOR OF POLICE KOTTAR POLICE STATION, KANYAKUMARI, CR.NO.328/2014 ... RESPONDENT/COMPLAINANT
For Petitioner : M/S.S.M.A.JINNAH Advocate
For Respondent : Mr.A.P.BALASUBRAMANI, Govt. Advocate ( Crl. Side)
PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.
ORDER : The Court Made the following order :-
The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Section 307 IPC and 4 of TNPWH Act, in Crime No.328 of 2014 on the file of the respondent police, seek anticipatory bail.
“4. It is humbly submitted that on 13.12.2014 the respondent police arrested the Accused No.1 namely Naseer and obtained confession statement of the Accused No.1 and https://hcservices.ecourts.gov.in/hcservices/ produced before the concerned Judicial Magistrate. Further the confession statement of the accused No.1 clearly proved
the offence committed by him and other accused persons / petitioners herein. Accused No.2 / petitioner herein. Further the Accused No.1 stated in his confession statement that they take revenge against the persons who have act against the Islam Community, the people who have converted from Islam, and also they collected money from the public for the purpose of defend the Muslim people who have involved in the criminal offence.”
/ TRUE COPY /
Sub-Assistant Registrar (C.S.)
TO
CRL OP(MD) No.1108 of 2015
NA/16/02/2015/P2/4C
1 issue framed by the court
Whether anticipatory bail should be granted under Section 438 Cr.P.C. when the arrested accused implicated the petitioners in a serious crime involving community revenge.
1 provisions across 1 enactments
N. ASARAF ALI
B. ALTAF
THE STATE
P.N.PRAKASH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
