Abdul Majeed, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twentieth day of March Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.4203 of 2019 1.ABDUL MAJEED, 2 S.AYISHA BEEVI @ AISHA, ... PETITIONERS / ACCUSED 5 & 6 Vs STATE THROUGH THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THOOTHUKUDI.
(IN CRIME NO.17 OF 2016) ... RESPONDENT / COMPLAINANT For Petitioners : MR. M. MOHAMMED SHERBUDEEN Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI, 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 apprehending arrest at the hands of the respondent police for the alleged offence under Sections 294(b),494, 506(ii) of IPC and Section 4 of TNPHW Act, in Cr.No.17 of 2016, on the file of the respondent police, seek anticipatory bail.
2. The petitioners herein are A5 and A6. The case of the prosecution is that the first wife of the first accused gave a complaint as if her husband married second wife and demanded dowry. The case was registered in the year 2016 3.The learned counsel appearing for the petitioners would submit that the petitioners are the parents of the second wife of the first accused. He would also submit that the petitioners did not commit any offence as alleged by the prosecution. He would also submit that the respondent police has completed investigation and filed charge sheet.
4.The learned Government Advocate(Crl.side) appearing for the respondent police did not dispute the fact submitted by the learned counsel for the petitioner.
5.Considering the facts and circumstances and considering the fact that the crime is of the year 2016 and also considering the fact that the petitioners are parents of the second wife of the first accused, this Court is inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Thoothukudi on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:
(a)the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
(b)the petitioners shall report before the respondent police as and when required for interrogation; (c)the petitioners shall not tamper with evidence or witness either during investigation or trial; (d)the petitioners shall not abscond either during investigation or trial;
(e)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;
(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 20/03/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE NO.I, THOOTHUKUDI.
2.DO THRO'THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.
3.THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THOOTHUKUDI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to MR. M. MOHAMMED SHERBUDEEN Advocate SR.No.5221
ORDER
IN CRL OP(MD) No.4203 of 2019 Date :20/03/2019 AE/PN/SAR-II/22.03.2019/3P/6C