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Madras High CourtCRL OP(MD)/2905/2018granted

Mohamed Feroza, v. The Inspector Of Police,

2018-04-23Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Third day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.2905 of 2018 and CRL MP(MD)No.2936 and 2937 of 2018 1 MOHAMED FEROZA, 2 MOHAMED MAIDEEN, 3 JESSIMA, ... PETITIONERS/ACCUSED NOT KNOWN Vs THE STATE REP BY THE INSPECTOR OF POLICE, C 3, PERUMALPURAM POLICE STATION, TIRUNELVELI DISTRICT.

(CRIME NO.54 OF 2018) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.A.J.MOHAMED KASSIAM Advocate For Respondent : MR.A.ROBINSON, Govt. Advocate ( Crl. Side) For Intervenor : MR.N.JAGADEESH PANDIAN, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 406 and 420 IPC., in Crime No.54 of 2018, seek anticipatory bail.

2. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. Side) appearing for the respondent Police.

3. The learned counsel appearing for the defacto complainant submitted that the original certificates as well as the passport of the defacto complainant is still being retained by her husband/first petitioner.

4. Taking note of this serious allegation, this Court dismissed this Criminal Original Petition as far as the first petitioner is concerned. Since the petitioners 2 and 3 are the aged parents-in-law https://hcservices.ecourts.gov.in/hcservices/

of the defacto complainant, this Court is inclined to grant anticipatory bail to the petitioners 2 and 3 with certain conditions. Accordingly, the petitioners 2 and 3 are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.I, Tirunelveli, and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners 2 and 3 shall appear before the respondent police as and when required for interrogation. The petitioners 2 and 3 shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

5. The petitioners 2 and 3 shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail shall stand dismissed. Consequently, connected miscellaneous petitions are closed.

sd/- 23/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, THIRUNELVELI 2 THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 3 THE INSPECTOR OF POLICE, C 3, PERUMALPURAM POLICE STATION, TIRUNELVELI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.A.J.MOHAMED KASSIAM Advocate SR.No.6838 +1 cc to MR.M.JEGADEESHA PANDIAN, Advocate SR.No.6921

ORDER

IN CRL OP(MD) No.2905 of 2018 and CRL MP(MD)No.2936 and 2937 of 2018 Date :23/04/2018 SMA/CSL/ASVM/27.04.2018:2P/7C https://hcservices.ecourts.gov.in/hcservices/