Madras High CourtCRL OP(MD)/12207/2015allowed

Abdullah Basha v. The Inspector Of Police,

2015-07-07Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Seventh day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.12207 of 2015 ABDULLAH BASHA ... PETITIONER / ACCUSED 1 Vs STATE REP BY:: THE INSPECTOR OF POLICE, PULIYANKUDI POLICE STATION, TIRUNELVELI DT, CRIME NO.270/2015 ... RESPONDENT(S) / COMPLAINANT For Petitioner : M/S.S.MAHENDRAPATHY Advocate For Respondent : Mr.K.V.RAJARAJAN, Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as A.1, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 366 I.P.C. in Crime No.270 of 2015, on the file of the respondent police and hence, seeks anticipatory bail. 2.

According to the defacto complainant, the accused due to business enmity, kidnapped her husband on 16.06.2015. 3.The learned Counsel for the petitioner submitted that the petitioner is a proprietor of Mumtaz Beedi Company in Vellore District and the husband of the defacto complainant is acting as an agent in Tirunelveli District and he supplied duplicate beedies in the name of the petitioner's company and therefore, he reprimanded the alleged victim and therefore, a false complaint was given against the petitioner. It is further submitted that the petitioner is innocent and he has not committed any offence as alleged by the respondent.

4.The learned Government Advocate (Crl.Side), on instructions, submitted that due to the business motive, the petitioner along with other accused persons kidnapped the husband of the defacto complainant and now the victim is secured.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Tenkasi 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 https://hcservices.ecourts.gov.in/hcservices/

and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m., for a period of one week and thereafter as and when required for interrogation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7.The petitioner 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 07/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE TENKASI 2 THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI 3 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE, PULIYANKUDI POLICE STATION, TIRUNELVELI DT, +1. CC to M/S.S.MAHENDRAPATHY Advocate SR.No.36846 DM 9 7 15

ORDER

IN CRL OP(MD) No.12207 of 2015 Date :07/07/2015 2p 6c https://hcservices.ecourts.gov.in/hcservices/