Abdul Kader @ Semmatti Adbul v. The Sub-Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fourteenth day of August Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE K.KALYANASUNDARAM CRL OP(MD) Nos.6547 to 6549 of 2015 ABDUL KADER @ SEMMATTI ADBUL KADER, ... PETITIONER/ACCUSED NO.5 IN CRL OP(MD).6547 OF 2015 1.M.SHEIK MANSOOR 2.S.M.BASHEER AHAMED ... PETITIONER/ACCUSED NO.3 & 4 IN CRL OP(MD).6548 OF 2015 1.SAMSU 2.ASAN PATHU ... PETITIONERS/ACCUSED NO.2 & 6 IN CRL OP(MD).6549 OF 2015 Vs STATE REP BY THE SUB-INSPECTOR OF POLICE ALL WOMEN POLICE STATION, PALAYAMKOTTAI, TIRUNELVELI DISTRICT CRIME NO.20/2014 ... RESPONDENT/COMPLAINANT IN ALL THE PETITIONS For Petitioner : M/S.D.NALLATHAMBI Advocate IN ALL THE PETITIONS For Respondent : MS.S.PRABHA Govt. Advocate ( Crl. Side) IN ALL THE PETITIONS PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.
C. ORDER : The Court Made the following order :- The petitioners who are arrayed as A2 to A6 apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 498(A) and 506(ii) IPC and Section 4 of Dowry Prohibition Act in Crime No.20 of 2014 on the file of the respondent police and hence, seeks anticipatory bail.
2. The case of the prosecution is that the accused have demanded 25 sovereigns of gold jewels and harassed the de-facto complainant.
3. The learned counsel for the petitioner would submit that the petitioners are innocent and they have been falsely implicated in this case. He would further submit that A2 is the mother, A3 and 4 are brother, A5 is the uncle and A6 is the sister of the first accused. It is further submitted that on 28.10.2013 as per the Muslim Law, divorce was informed to the de-facto complainant and thereafter, they have https://hcservices.ecourts.gov.in/hcservices/
preferred the present complaint. He would further submit that as per the order of this Court, the first accused had appeared before the Mediation but the de-facto complainant has not turned up.
4. Heard the learned Government Advocate (Crl.side).
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 be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.V, Tirunelveli 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 petitioners shall appear before the respondent police as and when required. The petitioners shall comply with the condition stipulated under Section 438Cr.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/- 14/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.
THE JUDICIAL MAGISTRATE NO.V, TIRUNELVELI.
2.
DO THRO THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3.
THE SUB-INSPECTOR OF POLICE ALL WOMEN POLICE STATION, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.
4.
THE ADDL.PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1cc to Mr.D.Nallathambi, Advocate SR.No.46829
ORDER
IN CRL OP(MD) No.6547 to 6549 of 2015 Date :14/08/2015 NS/MPA:DP/LIB/19.08.2015 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/