Noor Mohamed v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Seventeenth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.7443 of 2015 1 NOOR MOHAMED 2 SIKKANTHAR ... PETITIONERS / ACCUSED NOS.2 & 3 Vs THE STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THALLAKULAM, MADURAI, CRIME NO.26 OF 2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.M.A.JINNAH Advocate For Respondent : Mr.K.V.RAJARAJAN, Government 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.2 and 3 apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 498(A), 506(i) and 406 of I.P.C., in Crime No.26 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2. The prosecution case is that the accused had demanded dowry of 20 sovereigns gold jewels and also misappropriated 15 sovereigns of the de-facto complainant and harassed her.

3. The learned counsel for the petitioners submitted that on 02.06.2007, the de-facto complainant had left the matrimonial home along with all her belongings and after a period of 8 years, a false complaint is given against the accused. It is further submitted that the petitioners are innocent and they have not committed any offence as alleged by the de-facto complainant.

4. The learned Government Advocate (Crl.side) submitted that the de-facto complainant has not co-operated during the enquiry .

5. In the above facts, 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 their arrest or on their appearance before the learned Judicial Mahila Court Magistrate Level, Madurai and on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned https://hcservices.ecourts.gov.in/hcservices/

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 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/- 17/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAHELA COURT MAGISTRATE LEVEL, MADURAI. 2.THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

3.THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THALLAKULAM, MADURAI.

+1. CC to M/S.S.M.A.JINNAH Advocate SR.No.31432

ORDER

IN CRL OP(MD) No.7443 of 2015 Date :17/06/2015 RG.23.06.2015 2P/5C.

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