N.Mohamed Musthafa v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fifth day of March Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.5283 of 2015 1 N.MOHAMED MUSTHAFA 2 MUMTAJ BEGUM 3 SHARMILA BABU @ SHARMILA 4 JAHANARA BEGUM @ SAASI SAHANA 5 SERIN FARSANA @ SERIN ...PETITIONERS /ACCUSED NO.2,3,5,6 & 7 6 SHAJITHA JAWAHAR ... PETITIONER / ACCUSED NO. NOT KNOWN Vs THE STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KEERANUR.

CR. NO. 2/2015. ... 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 :- Apprehending arrest at the hands of the respondent police in Crime No.2 of 2015 on the file of the respondent police for offences under Sections 498(A), 406, 506(ii) of I.P.C. the petitioners are now before this Court seeking Anticipatory Bail.

2. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side).

3. It is seen that this Court has granted anticipatory bail to Mohamed Yosuf (A1), who is the husband of the de-facto complainant in Crl.O.P.(MD).No.2335 of 2015 on 25.02.2015. These petitioners are the parents and sisters of Mohamed Yosuf.

4. Relying upon the decision of the Honourable Supreme Court in Arnesh Kumar vs. State of Bihar and another reported in 2014 (3) MLJ Crl. (SC) 353, 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 their 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, Keeranur, Pudukottai on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with one surety 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, https://hcservices.ecourts.gov.in/hcservices/

(a) the petitioners shall report before the respondent police as and when required for interrogation.

[b] the petitioners shall give their thumb impressions, specimen signatures and handwritings.

[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].

sd/- 25/03/2015 (*) Corrected order issued as per order dt.07.04.2015 made in Crl.OP(MD).No.5283/2015 by MKKSJ. / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO (To be substituted for the order already despatched) 1.THE JUDICIAL MAGISTRATE, KEERANUR ,PUDUKOTTAI. 2.DO THRO THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI. 3.THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4. THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KEERANUR.

+1. CC to M/S.R.MAHESWARAN Advocate SR.No.14919

ORDER

IN CRL OP(MD) No.5283 of 2015 Date :25/03/2015 RG.27.03.2015 2P.6C.

AA/15.04.2015/2p- 6c/(CORRECTED ORDER) https://hcservices.ecourts.gov.in/hcservices/