Shajakhan, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fourteenth day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.11604 of 2016 1 SHAJAKHAN 2 LALIA BANU 3 ALAVUDEEN 4 UMMASALIMA 5 HAJAMAIDEEN ... PETITIONERS/ ACCUSED No.1 to 5 Vs THE STATE REP. BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KEELAKARAI, RAMANATHAPURAM DISTRICT.

(CR.NO.8/2016) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S D.RAMESHKUMAR Advocate For Respondent : Mr.P.Kannithevan, Govt. 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.1 to 5 apprehend arrest at the hands of the respondent police for the offences punishable under Sections 498-A, 406 IPC and Section 4 of Dowry Prohibitioni Act, in Crime No.8 of 2016, on the file of the respondent police and hence, seek anticipatory bail. 2.The case of the prosecution is that the de facto complainant and A.1 are husband and wife and the accused persons harassed the de facto complainant demanding more dowry. On complaint case has been registered for the above said offences.

3.The case of the petitioners is that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. The first petitioner belongs to Muslim Religion and the de facto complainant belongs to Hindu Religion. Due to that some dispute arose between them and a false complaint has been given and the petitioners never demanded dowry nor harassed the de facto complainant.

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4.Heard the learned Government Advocate (Criminal 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, they 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.II, Ramanathapuram, on condition that each of the petitioners shall execute 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 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 first petitioner shall report before the respondent Police daily at 10.00 a.m. until further orders and the petitioners 2 to 5 shall report before the respondent police as and when required for interrogation.

(ii) the petitioners shall not tamper with evidence or witness either during investigation or trial. (iii) the petitioners shall not abscond either during investigation or trial.

(iv) 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 as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

6.The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether the first petitioner is complying with the conditions or not.

sd/- 14/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.II, RAMANATHAPURAM. 2 DO THRO' THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KEELAKARAI, RAMANATHAPURAM DISTRICT.

+1. CC to M/S D.RAMESHKUMAR Advocate SR.No.37242 SMN JM/SK-SKN/SAR-II/18.07.2016/2P-6C

ORDER

IN CRL OP(MD) No.11604 of 2016 Date :14/07/2016 https://hcservices.ecourts.gov.in/hcservices/