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Madras High CourtCRL OP(MD)/5825/2018granted

S.A.Subuhathullah v. The Inspector Of Police

2018-04-12Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twelfth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.5825 of 2018 1 S.A.SUBUHATHULLAH 2 S.M.ABDUL GAFFARKHAN 3 M.S.SABURA FATHIMA ... PETITIONERS / ACCUSED Rank Not Known Vs THE STATE REPRESENTED BY THROUGH THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION SANKARANKOVIL STREET TIRUNELVELI DISTRICT CR.NO.NOT KNOWN OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.M.SHANKAR Advocate For Respondent : Mr.A.ROBINSON, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under Sections 498(A) of IPC and Section 4 of Dowry Prohibition Act and Section 4 of Tamil Nadu Prevention of Women Harassment Act, in Crime No. now known of 2018, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the 1st petitioner is the husband and 2nd and 3rd petitioners are father-in-law and mother-inlaw of the defacto complainant and that there was harassment by the petitioners on the defacto complainant. Hence, the case has been registered for the above said offences.

3. It is submitted by the learned counsel for the petitioners is that this is a matrimonial dispute and that the 1st petitioner is working as a Bank employee and that the petitioners are innocent persons and that they have not committed any offence and prays for anticipatory bail in favour of the petitioners. https://hcservices.ecourts.gov.in/hcservices/

4. It is submitted by the learned Government Advocate (Criminal side) that there is no previous case registered against the petitioners.

5. Considering the facts and circumstances of this 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, Sankarankovil and executing a bond each of them for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two common 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 for interrogation. The petitioners shall comply with the conditions 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 shall stand dismissed.

sd/- 12/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, SANKARANKOVIL, TIRUNELVELI DISTRICT 2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION SANKARANKOVIL STREET TIRUNELVELI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.T.S.MOHAMED MOHIDEEN Advocate SR.No.5996 KSA JAM/16/04/2018/ PMI /SAR 4 / 2P-6C

ORDER

IN CRL OP(MD) No.5825 of 2018 Date :12/04/2018 https://hcservices.ecourts.gov.in/hcservices/