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Madras High CourtCRL OP(MD)/11733/2016granted

Megarunbibi v. The Inspector Of Police

2016-07-19Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Nineteenth day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.11733 of 2016 1 MEGARUNBIBI 2 RASIYABIBI 3 SHAHUL HAMEED ... PETITIONERS / ACCUSED No.2,5 & 6 Vs The State rep.by THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION (SOUTH), MADURAI.

(CRIME NO. 4/2016) ... RESPONDENT / COMPLAINANT For Petitioner : M/S S.RAMAKRISHNAN 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 apprehend arrest at the hands of the respondent police for an alleged offence punishable under Sections 498(A) and 506(i) of IPC in Crime No.4 of 2016, seek anticipatory bail.

2. The case of the prosecution is that the petitioners have demanded additional dowry from the defacto complainant and also threatened her with dire consequences. On complaint, a case has been registered against the petitioners.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have not committed any offence as alleged by the prosecution and their names have been falsely implicated in this case.

4. The learned Government Advocate (Crl. Side) submitted that it is a matrimonial dispute and the investigation of the case is pending.

5. Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners. 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, https://hcservices.ecourts.gov.in/hcservices/

before the learned Judicial Magistrate (Mahila Court), Madurai on condition that each of the petitioner 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 the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: [a] the 3rd petitioner shall report before the respondent police daily at 10.00 am until further orders and the petitioners 1 and 2 being ladies shall appear before the respondent Police as and when required for interrogation.

[b] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioners shall not abscond either during investigation or trial.

[d] 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]. sd/- 19/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, (MAHILA COURT), MADURAI 2 -do-thro THE CHIEF JUDICIAL MAGISTRATE,MADURAI 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION (SOUTH), MADURAI.

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

+1cc to MR.S.Ramakrishnan, Advocate SR.No.37562 sm:AAl-MPA:SAR III::20.07.2016:2P/6C

ORDER

IN CRL OP(MD) No.11733 of 2016 Date :19/07/2016 https://hcservices.ecourts.gov.in/hcservices/