Ahamed Ibrahim v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fifth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.14109 of 2017 1 AHAMED IBRAHIM 2 KATHAR BANU ... PETITIONERS / ACCUSED RANK NOT KNOWN Vs THE STATE REP BY ITS, THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, PARAMAKUDI, RAMANATHAPURAM DISTRICT ... RESPONDENT / COMPLAINANT For Petitioners : M/S.M.S.JEYAKARTHIK Advocate For Respondent : Mr.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/accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 498 (A) and 406 of IPC., and Section 4 of Dowry Prohibition Act, in Crime No.Not Known of 2017, on the file of the respondent police seeks anticipatory bail.
2. The case of the prosecution is that the marriage between the defacto complainant and the petitioner's son was solemnized on 10.05.2015 as per Muslim rites and customs. Out of the wedlock, they are blessed with one male child. Subsequently, her husband and her in-laws harassed her demanding dowry and hence, the defacto complainant lodged a complaint before the law enforcing agency. Based on the complaint, the respondent police issued receipt in CSR.No.222 of 2017, dated 08.10.2017.
3.The case of the petitioner is that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. According to them, the defacto complainant made allegations against the petitioners and lodged a false complaint and voluntarily left the matrimonial home and living separately. https://hcservices.ecourts.gov.in/hcservices/
4. The learned Government Advocate (Criminal side) appearing for the State, on instructions, would submit that based on the direction of the Hon'ble Supreme Court and as per the direction of this Court, each and every District have formed a District Level Committee in order to settle the issues related to Section 498(A) of IPC cases. Accordingly, the case was referred to the District Level Committee for proper decision. Hence, this anticipatory bail petition is pre-matured one.
5. Recording the statement made by the learned Government Advocate (Crl. Side), this Criminal Original Petition is closed as pre-matured. However, if any adverse order passed by the District Level Committee, it is open to the petitioners to work out the remedy in the manner known to law.
sd/- 25/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, PARAMAKUDI, RAMANATHAPURAM DISTRICT 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.
+1. CC to M/S.M.S.JEYAKARTHIK Advocate SR.No.33290
ORDER
IN CRL OP(MD) No.14109 of 2017 Date :25/10/2017 MV:RR-BS:SAR4:30/10/2017/2P/4C https://hcservices.ecourts.gov.in/hcservices/