Ragamathullah v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourth day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.10600 of 2015 1 RAGAMATHULLAH 2 A.R.MOHAMMED MUSTAFFA 3 M.MAHABOO NIJA 4 S.RAGAMATH NIZA 5 K.BAHUR NIJA 6 M.BARUGATHULLA ... PETITIONERS/ACCUSED RANK NOT KNOWN Vs.
THE STATE REP.BY THE SUB INSPECTOR OF POLICE KEEALVALAVU POLICE STATION, KEELAVALAVU, MADURAI DISTRICT.
CR. NO. NOT KNOWN OF 2015. ... RESPONDENT/ COMPLAINANT M.MAIDEEN ..INTERVENOR For Petitioners : M/S.A.GANDHIAPPAN Advocate For Respondent : MRS.S.PRABHA, Govt. Advocate ( Crl. Side) For Intervenor : MR.S.SARAVANAKUMAR, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 174 of Cr.P.C., @ 306 IPC in Crime No.246 of 2015 on the file of the respondent police and hence, seek anticipatory bail.
2.The case of the prosecution is that A1 and A2 have suspected the fidelity of the deceased and scolded her often, which led the deceased to commit suicide on 08.06.2015.
3.The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case.
4.The learned counsel for the intervenor submitted that as per the direction of this Court dated 22.07.2015, the accused handed over part of the articles of the de-facto complainant and the accused have undertaken to return 5 1⁄2 sovereign of gold jewels, after redeeming the same from the bank.
https://hcservices.ecourts.gov.in/hcservices/
5.The learned counsel for the petitioner also submitted that after redeem of the jewels, they are ready to hand over the articles. 6.The learned Government Advocate (Crl.side) would submit that the petitioners No.1, 4 to 6 are not arrayed as accused in this case and hence, this petition is dismissed in respect of the petitioners No.1, 4 to 6.
7.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners No.2 and 3/A1 and A2 with certain conditions.
8. Accordingly, the petitioners No.2 and 3/A1 and A2 are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Melur, Madurai District and on each of them 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 petitioner No.2/A1 shall appear before the respondent police daily at 10.00 a.m., until further orders and the petitioner No.3/A2 shall appear before the respondent police as and when required for interrogation. The petitioners No.2 and 3 shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
9. The petitioners No.2 and 3 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/- 04/08/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE,MELUR, MADURAI DISTRICT. 2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4 THE SUB INSPECTOR OF POLICE KEEALVALAVU POLICE STATION, KEELAVALAVU, MADURAI DISTRICT. +1. CC to M/S.A.GANDHIAPPAN Advocate SR.No.44069 akm/05.08.2015 /2p-6c/
ORDER
IN CRL OP(MD) No.10600 of 2015 Date :04/08/2015 https://hcservices.ecourts.gov.in/hcservices/