Shajitha Ali v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eleventh day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.13697 of 2017 1 SHAJITHA ALI 2 SYED ABUDAHIR 3 MUNAVAR SULTHANA 4 ABUL KALAM AZAD ... PETITIONERS/ ACCUSED NO.1 TO 4 Vs STATE REP.BY THE SUB INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THIRUPPRANKUNDRAM, MADURAI DISTRICT.

CRIME NO. 06 OF 2017.

RESPONDENT / COMPLAINANT For Petitioners: M/S.M.SOLAISAMY Advocate For Respondent : M/S.K.ANBARASAN, 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 A1 to A4, apprehend arrest at the hands of the respondent police for the offences punishable under Sections 498(A), 323, 294(b) and 506(i) IPC, in Crime No.06 of 2017, on the file of the respondent police, seek anticipatory bail. 2.

The case of the prosecution is that the first petitioner is the husband, second and third petitioners are the father-in-law and mother-in-law and the fourth petitioner is the brother-in-law of the de-facto complainant and there was a family dispute in between the first petitioner and the de-facto complainant, the de-facto complainant made an allegation against the family members of the first petitioner. The family members of the first petitioner harassed the de-facto complainant by using filthy language and attacked her several times. Initially, the de-facto complainant lodged a complaint before the respondent police, but the respondent police has not entertained the complaint made by the de-facto complainant. Aggrieved by the same, the de-facto complainant filed a petition under Section 156(3) Cr.P.

thereafter, the lower Court issued a direction to the respondent police to register the complaint. Accordingly, the respondent police registered the complaint and hence, the petitioners are before this Court.

3.The learned counsel for the petitioners submitted that a false case has been foisted against the petitioners and they have not committed any offence as alleged by the prosecution. 4.The learned Government Advocate (Crl.side) appearing for the State submitted that due to wordy quarrel arose between the petitioners family and the de-facto complainant, they are living separately and the investigation is still pending. 5.Considering the facts and circumstances of the case, I am 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, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.

I, Madurai, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (i) the 1st,2nd and 4th petitioners shall report before the investigating Officer daily at 10.00 a.m.

(ii) the petitioners shall not tamper with evidence or witness either during investigation or trial. (iii) the petitioners shall make himself available for interrogation including custodial interrogation as and when required by the investigation officer;

(iv) the petitioners shall not commit any offence while on bail;

(v) 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 and the bail granted stands cancelled automatically.

sd/- 11/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.I, MADURAI.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3. THE SUB INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THIRUPPRANKUNDRAM, MADURAI DISTRICT.

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

+1. CC to M/S.M.SOLAISAMY Advocate SR.No.32868

ORDER

IN CRL OP(MD) No.13697 of 2017 Date :11/10/2017 MS/RR-BS/SAR.1/20.10.2017/3P.6C