M.Mohammed Yosuf v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fifth day of February Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE P.N.PRAKASH CRL OP(MD) No.2335 of 2015 M.MOHAMMED YOSUF ... PETITIONER/ACCUSED Vs THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KEERANUR, PUDUKKOTTAI DISTRICT.

CR. NO. 2 OF 2015.

... RESPONDENT/COMPLAINANT For Petitioner : M/S.R.MAHESWARAN Advocate For Respondent : MR.A.P.BALASUBRAMANIAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 498 (A), 406 and 506(ii) IPC in Crime No.2 of 2015 on the file of the respondent police, seeks anticipatory bail.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondents.

3. Initially when the matter was at the stage of crime number not known, this Court granted interim anticipatory bail to the petitioner on 11.02.2015 with a direction to the petitioner to appear before respondent police for a period of two weeks. Today, the respondent police is present and Status Report has been filed. It is stated in the Status Report that after obtaining the interim anticipatory bail, the petitioner appeared before the respondent police for interrogation. The learned Government Advocate also submitted about registration of case for the aforesaid offences.

4. It is seen that a Panchayat was held before the Jamath in the Village and the petitioner has handed over all the household articles and jewellery to the defacto complainant. The petitioner has also pronounced triple 'Talak'. The Jamath Members appear to have held conciliation talks and have ultimately obtained the articles belonging to the defacto complainant from the petitioner on 25.11.2014.

5. Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Keeranur, Pudukkottai District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with https://hcservices.ecourts.gov.in/hcservices/

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 petitioner shall appear before respondent police daily at 10.30 a.m for a period of two weeks and thereafter as and when required for interrogation.

[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial.

[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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]. The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate (Crl.side) as to whether the petitioner is complying with the order or not.

sd/- 25/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO

1. THE JUDICIAL MAGISTRATE, KEERANUR, PUDUKKOTTAI DISTRICT.

2.

-DO- THRO THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI.

3. THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KEERANUR, PUDUKKOTTAI DISTRICT.

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

+1. CC to M/S.R.MAHESWARAN Advocate SR.No. 8963 SR : 02.03.2015 : 2P/6C

ORDER

IN CRL OP(MD) No.2335 of 2015 Date :25/02/2015 https://hcservices.ecourts.gov.in/hcservices/