Khaja Mydeen v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourth day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.14327 of 2015 KHAJA MYDEEN ... PETITIONER / ACCUSED No.1 Vs THE STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, UTHAMAPALAYAM, THENI DISTRICT, CRIME NO.9 OF 2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.KANNAN Advocate For Respondent : MR.K.ANBARASAN Govt. 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 accused No.1, in Crime No.9 of 2015 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 498(A) and 506(i) of IPC and Section 4 of Dowry Prohibition Act and hence, seek anticipatory bail.
2. The case of the prosecution is that the defacto complainant was ill-treated by the petitioner and demanded dowry from her.
3. It is submitted by the learned counsel for the petitioner that the petitioner is working as a temporary staff at Uthamapalayam and the defacto complainant hails from Bangalore and she is insisting the petitioner to resign his job at Uthamapalayam and come down to Bangalore and the petitioner refused to do the same and hence, dispute arose between them and hence, a false complaint was given against the petitioner. Hence, he prays for anticipatory bail in favour of the petitioner.
4.The learned Government Advocate(Crl. Side) submitted that earlier the matter was referred to Mediation Centre. The defacto complainant did not appear before the Mediation Centre and hence the mediation could not be conducted and the matter was referred back to the Court.
https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the facts and circumstances of the case and also considering the fact the mediation could not succeed, this Court is
inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Uthamapalayam, Theni District 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 and on further condition that the petitioner shall appear before the respondent police shall appear before the respondent police once in a week(ie) on every Monday at 10.00 a.m. Until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
6.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/- 04/11/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE THAMAPALAYAM 2 DO THRO THE CHIEF JUDICIAL MAGISTRATE THENI DISTRICT 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, UTHAMAPALAYAM, THENI DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.M.KANNAN Advocate SR.No.64911.
ORDER
IN CRL OP(MD) No.14327 of 2015 Date :04/11/2015 AM/05.11.2015/NSG.SS/SAR-II/2P/6C https://hcservices.ecourts.gov.in/hcservices/