Jabeen Banu v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.07.2019

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.20128 of 2019 Jabeen Banu

...Petitioner

Vs.

State Rep. by The Inspector of Police, Arcot Town Police Station, Vellore District.

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to direct the learned Judicial Magistrate, Arcot, Vellore District to accept the surrender petition and surety and enlarge the petitioner on bail and not to insist her to obtain the corrected order by mentioning her husband name as 'Hyder' instead of 'Nowshad' in Crl OP No.16564 of 2019 dated 28.06.2019.

For Petitioner :Mr.Kannadasan E For Respondents :Mr.Mohammed Riyaz, Additional Public Prosecutor.

O R D E R

This petition has been filed seeking for a direction to the Court below to accept the surrender petition and the sureties of the petitioner, who was granted Anticipatory Bail by this Court in Crl OP No.16564 of 2019.

2.

The learned counsel for the petitioner submitted that the petitioner's husband name is late 'K.E.Nowshad'. However, the respondent police while registering the F.I.R, had shown the name of the petitioner's husband as 'Hyder'. Due to this discrepancy, the Court below is refusing to accept the surrender and the sureties executed by the petitioner, in spite of the Anticipatory bail granted by this Court.

3.

Heard the learned Additional Public Prosecutor appearing on behalf of the respondent.

4.

Taking into consideration the facts and circumstances of the case, the Court below is directed to accept the surrender and the bail bond executed by the petitioner along with sureties, pursuant to the Anticipatory bail granted by this Court in Crl OP No.16564 of 2019. Insofar as the discrepancy in the name of the husband, the respondent police shall make an appropriate alteration in the F.I.R already registered in Crime No.579 of 2016. The time granted by this Court for surrender is extended for a further period of 10 days from today. 5.

This Criminal original petition is disposed of accordingly.

rka Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar To

1. State Rep. by The Inspector of Police, Arcot Town Police Station, Vellore District.

2.The Public Prosecutor, High Court, Madras.

3. The Judicial Magistrate, Arcot,Vellore Dist.

4. The Chief Judicial Magistrate, Arcot, Vellore District +1cc to Mr.E.Kannadasan, Advocate, SR.No.64729 Crl.O.P.No.20128 of 2019 Kak(30/07/2019)