Riyas Ahamed v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty First day of January Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.912 of 2015 RIYAS AHAMED ..PETITIONER/ACCUSED (RANK NOT KNOWN) Vs.

STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, ZAIRPURAM, TRICHY DIST.

CRIME NO.16/2014 ..RESPONDENT/COMPLAINANT For Petitioner : M/S.ROBINSON Advocate For Respondent : Mr.A.P.BALASUBRAMANI, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 498(A), 406, 294 (b), 506(i) IPC and Section Section 4 of the Dowry Prohibition Act and Section 4 of the Women Harassment Act in Crime No.16 of 2014 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the first accused - Kabeer Husain got married to the de facto complainant and it is alleged that she was subjected to cruelty by the family members of the first accused and also by her husband. It is seen that the connected Crl.OP[MD].No.18664 of 2014 filed by the co-accused is pending before this Court. The petitioner herein is the brother-in-law of the first accused - Kabeer Husain.

3. As regards this petitioner, this Court finds that the allegations are not very serious. Therefore, this Court inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, No.III, Trichy, on condition that the petitioner shall execute a bond for a sumof 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 petitioner shall report before the respondent police twice a day at 10:30 in the morning and 06:30 in the evening for a period of two weeks and thereafter as and when required for interrogation. [b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner 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 petitioner in accordance with law as if the conditions have been imposed https://hcservices.ecourts.gov.in/hcservices/

and the petitioner 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/- 21/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.III, TRICHY.

2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE, TRICHY. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, ZAIRPURAM, TRICHY DISTRICT.

+1. CC to M/S.ROBINSON Advocate SR.No.2501 ORDER IN CRL OP(MD) No.912 of 2015 Date :21/01/2015 PBK 22/01/2015 ::2P-6C:

https://hcservices.ecourts.gov.in/hcservices/