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Madras High CourtCRL OP(MD)/11992/2016granted

Rameesa Begum 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.11992 of 2016 1 RAMEESA BEGUM 2 RAJA MOHAMMED 3 THAADI RAJA MOHAMMED ... PETITIONERS / A2 to A4 Vs The State rep.by THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THIRUVERUMBUR, TRICHY DISTRICT.

CR. NO.8/2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S A.JOEL APUL ANTONY 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.8 of 2016, seek anticipatory bail.

2. The case of the prosecution is that the petitioners along with A1 demanded additional dowry from the defacto complainant and also harassed her both mentally and cruelly. 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 and also considering the fact that the petitioners are in-laws of the defacto complainant, 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, https://hcservices.ecourts.gov.in/hcservices/

within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.V, Trichy, 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 the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: [a] the petitioners 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 NO.V, TRICHY 2 THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THIRUVERUMBUR, TRICHY DISTRICT.

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

+1. CC to M/S A.JOEL APUL ANTONY Advocate SR.No.37696 sm:KBM:SAR I:22.07.2016:2P/6C

ORDER

IN CRL OP(MD) No.11992 of 2016 Date :19/07/2016 https://hcservices.ecourts.gov.in/hcservices/