Riyaz Ali v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fourth day of January Two Thousand Sixteen PRESENT THE HON`BLE MS.JUSTICE V.M.VELUMANI CRL OP(MD) No.24866 of 2015 1 RIYAZ ALI 2 MOHAMED IBRAHIM 3 RABIZ BEEVI 4 FRAKATH NISHA ... PETITIONERS/ ACCUSED 1,2,3&5 Vs THE STATE BY THE INSPECTOR OF POLICE AWPS, DINDIGUL, CRIME NO. 42/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S D.VENKATESH Advocate For Respondent : 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 accused Nos.1 to 3 and 5, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 498(A),341 and 506(i) of IPC and Section 4 of DP Act r/w. Section 4 of TNPHW Act in Crime No.42 of 2015 on the file of the respondent police and hence, seek anticipatory bail.
2. The case of the prosecution is that the marriage between the first petitioner and the defacto complainant was solemnised on 25.12.2011. A female child was born in the wedlock. After the birth of child, the petitioners demanding a sum of Rs.2,00,000/- and 25 sovereigns of gold jewels as additional dowry and tortured the defacto complainant. On her complaint a case has been registered against the petitioners.
3. The learned counsel appearing for the petitioners submitted that the petitioners are an innocent persons and they have not committed any offence as alleged by the prosecution and their names have been falsely implicated in this case.
4. The learned Government Advocate (Crl. Side) submitted that the investigation is pending.
5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions. Accordingly, the petitioners are ordered to https://hcservices.ecourts.gov.in/hcservices/
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 sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the first petitioner/ Riyaz Ali shall appear before the respondent Police daily at 10.00 am until further orders and the other petitioners viz., 2 to 4 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/- 04/01/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE,NO.II, DINDUGAL DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE,DINDUGAL DISTRICT 3 THE INSPECTOR OF POLICE, AWPS, DINDIGUL.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.. +1. CC to M/S D.VENKATESH Advocate SR.No.308
ORDER
IN CRL OP(MD) No.24866 of 2015 Date :04/01/2016 CSL/SK/SKN/SAR-II/06.01.2016 2P-6C https://hcservices.ecourts.gov.in/hcservices/