Habibullah @ Habeeb Rahman, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twentieth day of December Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.17534 of 2017 1 HABIBULLAH @ HABEEB RAHMAN 2 KATHAR OLI ... PETITIONERS/ ACCUSED 2 & 4 Vs STATE REP.BY THE INSPECTOR OF POLICE, DINDIGUL TOWN SOUTH POLICE STATION, DINDIGUL DISTRICT.

(CRIME NO.483 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioners: M/S.D.VENKATESH Advocate For Respondent : M/S.K.ANBARASAN, Government 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 A2 & A4, apprehend arrest at the hands of the respondent police for the offence punishable under Sections 147, 452, 294(b) & 506(i) of IPC and Section 4 of Tamilnadu Women Harassment Act, in Crime No.483 of 2017, on the file of the respondent police seek anticipatory bail. 2.The case of the prosecution is that there was a property dispute between the petitioners and defacto complainant. Due to the atrocities of the accused, the defacto complainant gave a complaint before the respondent police and a case was registered against the petitioners.

3.The learned counsel for the petitioner submitted that the petitioners are innocent and they have not committed any offence as alleged by the prosecution.

4. The learned Government Advocate (Criminal side) appearing for the respondent submitted that there is a property dispute between the petitioner and the defacto complainant.

5. Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a https://hcservices.ecourts.gov.in/hcservices/

period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate No.II, Dindigul on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) each, 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 petitioners shall report before the investigation officer, as and when required for interrogation on receipt of summon;

(ii)the petitioners shall not tamper with evidence or witness either during investigation or trial. (iii) the petitioners shall not commit any offence while on bail;

(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 and the anticipatory bail granted stands cancelled automatically.

sd/- 20/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.II, DINDIGUL.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL.

3. THE INSPECTOR OF POLICE, DINDIGUL TOWN SOUTH POLICE STATION, DINDIGUL DISTRICT.

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

+1. CC to M/S.D.VENKATESH Advocate SR.No.36732

ORDER

IN CRL OP(MD) No.17534 of 2017 Date :20/12/2017 MS/RR/SAR.4/27.12.2017/2P.6C https://hcservices.ecourts.gov.in/hcservices/