Madras High CourtCRL OP(MD)/9109/2015allowed

Mohammed Abuthahir v. The Inspector Of Police

2015-06-08Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eighth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.9109 of 2015 MOHAMMED ABUTHAHIR ..PETITIONER/ACCUSED No.1 Vs.

STATE REP.BY THE INSPECTOR OF POLICE ARAVAKURICHI POLICE STATION, KARUR DIST.

(CRIME NO. 147/2015) ..RESPONDENT/COMPLAINANT For Petitioner : M/S.B.JAMEEL ARASU Advocate For Respondent : Mr.A.P.BALASUBRAMANI, Advocate (Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner/A1, who was arrested by the respondent police on 06.04.2015 for the alleged offences punishable under Section 498(A) IPC r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act and Section 304(b) IPC in Crime No.147 of 2015 on the file of the respondent police, seeks bail.

2.The case was registered on the basis of the complaint given by the deceased herself in which it is alleged that marriage had taken place only 1 1⁄2 years ago and she was having 5 months old child and she joined with her husband three months ago and about 3 days prior to the occurrence, the first and second accused threatened the deceased that she should not go to her parent's house and they insisted to give Rs.20,000/- and on 05.04.2015, the deceased requested the first accused to give Rs.150/- to purchase milk for the child and the first accused was harassing the deceased and therefore, on 05.04.2015 she committed suicide by pouring kerosine and setting fire.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. It is further submitted that the accused No.2 was already granted anticipatory bail by this Court in Crl.O.P.No.9099 of 2015 on 04.06.2015.

4.Heard the learned Government Advocate(Crl.side) appearing for the State.

5. Considering the period of incarceration of the petitioner from 06.04.2015, I am inclined to grant bail to the petitioner, with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail on executing 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 learned Judicial Magistrate No.II, Karur, Karur District, and on further https://hcservices.ecourts.gov.in/hcservices/

condition that the petitioner shall appear before the respondent police daily at 10.00 a.m until further orders.

sd/- 08/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.II, KARUR.

2 -do-thro'THE CHIEF JUDICIAL MAGISTRATE, KARUR. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSPECTOR OF POLICE, ARAVAKURICHI POLICE STATION, KARUR DIST. 5 THE SUPERINTENDENT, CENTRAL PRISON, TIRCHY. +1. CC to M/S.B.JAMEEL ARASU Advocate SR.No.28605 ORDER IN CRL OP(MD) No.9109 of 2015 Date :08/06/2015 PBK/KBM 08/06/2015 ::2P-7C::

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