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Madras High CourtCRL OP(MD)/19246/2014ordered

Mohamed Ismail Asiq v. The Inspector Of Police

2015-07-06Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Sixth day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.19246 of 2014 1 MOHAMED ISMAIL ASIQ 2 MOHAMED MUSTHAFA 3 MOHAMED MAIDEEN ABISAK 4 ALIMA BEEVI 5 ISMAIL BEEVI @ DURAIAKKAL 6 SYED ALI FATHIMA @ PAPPA 7 SAIK MAIDEEN @ DURAIAKKAL 8 MOHAMED KASIM ... PETITIONERS/ACCUSED NO.1 TO 8 Vs STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, DINDIGUL, DINDIGUL DISTRICT.

CR. NO. 46/2014. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.DURAIRAJ Advocate For Respondent : MRS.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 A1 to A8, apprehend arrest at the hands of the respondent police for an alleged offence punishable under Sections 294(b),323,498(A), 506(i) of IPC and Section 4 of Dowry Prohibition Act, Crime No.46 of 2014 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that due to matrimonial dispute, the petitioners are harassed the de facto complainant and demanded more dowry from her.

3.The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case.

4. The learned Government Advocate (Crl.side) would submit that the https://hcservices.ecourts.gov.in/hcservices/ investigation of this case is pending.

5. Considering the facts and circumstances of the case, I am 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 before the learned Judicial Magistrate-II, Dindugal, and on each of them executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two common sureties for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the first petitioner shall appear before the respondent police daily at 10.00 am until further orders and the petitioners 2 to 8 shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6. 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/- 06/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, DINDIGUL.

2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE DINDIGUL.

3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, DINDIGUL, DINDIGUL DISTRICT. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.DURAIRAJ Advocate SR.No.36308 ORDER IN CRL OP(MD) No.19246 of 2014 Date :06/07/2015 PA/SJW/07.07.2015/2P/6C https://hcservices.ecourts.gov.in/hcservices/