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Madras High CourtCRL OP/13878/2021interim bail

Mohammed Fahami Hussain v. The Commissioner Of Police

2021-08-12Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twelfth day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.13878 of 2021 1 MOHAMMED FAHAMI HUSSAIN [ PETITIONER / ACCUSED ] 2 KHALIDA HUSSAIN 3 MOHAMMED SAFIULLAH HUSSAIN 4 AFSHAN HUSSAIN Vs 1 THE COMMISSIONER OF POLICE [ RESPONDENT ] OFFICE OF THE COMMISSIONER OF POLICE, VEPERY,CHENNAI 2 THE INSPECTOR OF POLICE KORATTUR (T-3) POLICE STATION, CHENNAI DISTRICT 3 THE SUPERINTENDENT OF POLICE CHITRADURGA TOWN, KARNATAKA 577501 4 THE INSPECTOR OF POLICE WOMEN POLICE STATION, CHITRADURGE TOWN CIRCLE, CHITRADURGA, KARNATAKA 577501 For Petitioner : M/S ALI HASSAN KHAN Advocate For Respondent : M/S. C.E.PRATAP, 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 respondents police pursuant to the summon issued by the 4th respondent for alleged offences punishable under Sections 498-A, 323, 504, 506, 114, 34 of IPC and under Sections 3 and 4 of Dowry Prohibition Act, in Crime No.46 of 2021, seek anticipatory bail.

2. The 4th respondent police has issued summons to the petitioners for appearance of the petitioners in connection with the complaint given by the de-facto complainant.

3. The learned counsel for the petitioners would submit that false complaint has been given against the petitioners and they have nothing to do with the said allegations. He further submitted that Interstate Anticipatory bail may be granted to them so as to enable them to move the appropriate jurisdictional Court in the State of Karnataka for necessary relief.

4. Taking into consideration the facts and circumstances of the case, this Court is inclined to grant inter-state interim anticipatory bail to the petitioners for a period of eight weeks from today to enable them to move the concerned Court.

5. Accordingly, interim inter-state anticipatory bail is granted to the petitioners for a period of eight weeks, on condition that the petitioners shall surrender before the learned Judicial Magistrate, Ambattur within a period of fifteen days from the date on which the order copy made ready and the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each with two sureties each for a like sum to the satisfaction of the said learned Magistrate. Further, within two weeks from the date of execution of bail bond, the petitioner shall approach the competent Court in the State of Karnataka and seek appropriate relief. -sd/- 12/08/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE AMBATTUR 2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR [FOR INFORMATION] 3 THE COMMISSIONER OF POLICE OFFICE OF THE COMMISSIONER OF POLICE, VEPERY,CHENNAI

4 THE INSPECTOR OF POLICE KORATTUR (T-3) POLICE STATION, CHENNAI DISTRICT 5 THE SUPERINTENDENT OF POLICE CHITRADURGA TOWN, KARNATAKA 577501 6 THE INSPECTOR OF POLICE WOMEN POLICE STATION, CHITRADURGE TOWN CIRCLE, CHITRADURGA, KARNATAKA 577501 7 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S ALI HASSAN KHAN Advocate on payment of necessary charges SR.No.8478 CRL OP.13878/2021 Date :12/08/2021 APN 24/08/2021