A.Fathima v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Sixth day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.12819 of 2015

1. A.FATHIMA

2. M.A SHAHUL HAMEED

3. M.A. MOHAMMED HUSSAIN ... PETITIONERS/ ACCUSED NO.2 TO 4 Vs STATE REP. BY THE INSPECTOR OF POLICE CHOKKAMPATTI POLICE STATION, TIRUNELVELI DISTRICT ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.G.KARNAN Advocate For Respondent : MS.S.PRABHA, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : THE COURT MADE THE FOLLOWING ORDER :- The petitioners, who are arrayed as A2 to A4, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 498-A and 506(i) I.P.C. in Crime No.140 of 2015 on the file of the respondent police and hence, seek anticipatory bail. 2.The case of the prosecution is that the first accused is the husband of the de-facto complainant and their marriage was solemnized on 13.08.2006. The petitioners and the first accused harassed the de-facto complainant and demanded more dowry.

3. The learned Counsel appearing for the petitioners submitted that after the marriage of the de-facto complainant the first accused living separately. Therefore, these petitioners neither demanded dowry nor harassed the de-facto complainant. He further submits that the petitioners are innocent and they have been falsely implicated in this case. He further submits that A4 already granted bail in Crl.O.P(MD) No.12476 of 2015 and A1 granted anticipatory bail by this Court.

4. It is submitted by the learned Government Advocate (Crl.side) that the the investigation is going on. She further submits that the petitioners are in-laws of the de-facto complainant.

5. Considering the submissions made by the learned Government Advocate (Crl.side), this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions.

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6. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance before the learned Judicial Magistrate, Tenkasi, and 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 petitioners shall appear before the respondent police as and when required. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. The petitioners 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/- 06/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.

THE JUDICIAL MAGISTRATE, TENKASI.

2.

DO THRO THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3.

THE INSPECTOR OF POLICE, CHOKKAMPATTI POLICE STATION, TIRUNELVELI DISTRICT. 4.

THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.G.KARNAN Advocate SR.No.44487

ORDER

IN CRL OP(MD) No.12819 of 2015 Date :06/08/2015 NS/AMF/SAR-I/10.08.2015 : 29/6C https://hcservices.ecourts.gov.in/hcservices/