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Madras High CourtCRL OP(MD)/2251/2020granted

H.Syed Mohamed Iqbal v. The Inspector Of Police

2020-02-10Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.2251 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/02/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.2251 of 2020

1. H.Syed Mohamed Iqbal

2. K.Hussain Mohamed

3. H.Hairunnisha

4. H.Anis Fathima

5. M.Ismail Mohideen

6. I.Kamarunnisha Begum ... Petitioners/Accused A2-A6 Vs State of Tamil Nadu Rep. by The Inspector of Police, All Women Police Station, Dindugul, Dindugul District.

(Crime No.5 of 2020). ... Respondent/Complainant For Petitioners : M/s.S.S.Thenmozhi, Advocate. For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- for Anticipatory Bail in Crime No.5 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under sections 294(b), 323, 506(1), 498(A) of I.P.C., and Section 4 of Tamilnadu Prohibition of Harassment of Women Act, 2002, in Crime No.5 of 2020 on the file of the respondent police, seek anticipatory bail.

3. The first petitioner is the husband of the defacto complainant. The defacto complainant is said to have filed maintenance case.

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CRL OP(MD). No.2251 of 2020

4. The petitioners undertake to deposit a sum of Rs.7,500/- as monthly maintenance in the bank account of the defacto complainant. It is only an interim arrangement. This will abide by the final order that may be passed by the jurisdictional Magistrate. The liability of the petitioners will commence from next month onwards. The petitioners will remit the maintenance amount on or before 10th of every month in the said bank account. This is, ofcourse, without prejudice to the right of the defacto complainant to claim higher relief before the jurisdictional Magistrate in appropriate proceedings.

5. Recording the petitioner's undertaking, I am inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.2, Dindigul, and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only)each with two common 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 for interrogation. The petitioners shall comply with the conditions 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 shall stand dismissed.

sd/- 10/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE No.2, DINDIGUL.

2. -DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

3. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, DINDUGUL, DINDUGUL DISTRICT.

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

+1 CC to M/s.M.NATARAJAN, Advocate ( SR-2895[I] dated 12/02/2020 ) ORDER IN CRL OP(MD) No.2251 of 2020 Date :10/02/2020 RMI TE/PN/SAR-I : 13/02/2020 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2