Kamarnisha v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Seventh day of March Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.2355 of 2017 1 KAMARNISHA 2 ANWAR BATSHA 3 HARRISH AHAMED ... PETITIONERS / ACCUSED NO.2,3 &5 Vs THE STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SIVAGANGAI, SIVAGANGAI DISTRICT ... RESPONDENT / COMPLAINANT For Petitioner : M/S.B.PRAHALAD RAVI Advocate For Respondent :S.PRABHA Govt. 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 accused Nos.2, 3 and 5, in Crime No.14 of 2016 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 323, 342, 406, 498(A) and 506(i) of I.P.C., and Section 4 of Dowry Prohibition Act and hence, seek anticipatory bail.
2. The learned counsel for the petitioners submitted that considering the facts and circumstances of the case, this Court had already granted anticipatory bail to the petitioners 1 and 2 in Crl.O.P(MD)No.23754 of 2016, vide order dated 23.12.2016 on condition that the petitioners shall execute sureties within a period of fifteen days from the date on which the order copy made ready, failing which the petition for anticipatory bail stands dismissed. But the petitioners 1 and 2 could not execute the sureties within the time prescribed by this Court. Hence, they have come forward with this petition for anticipatory bail along with the third petitioner/A-5.
3. The learned Government Advocate(Crl. Side) affirms the above said fact.
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4. This Court heard the submissions made on either side and perused the order passed in Crl.O.P(MD)No.23754 of 2016, dated 23.12.2016.
5.Considering the facts and circumstances of the case and also considering the fact that this Court had already granted anticipatory bail to the petitioners in Crl.O.P(MD)No.23754 of 2016, dated 23.12.2016, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.III, Trichy and on each of them 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 Magistrate concerned and on further condition that the petitioners shall appear before the respondent police shall appear before the respondent police once in a week ie., on every Monday at 10.30 a.m., until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 7.The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.
sd/- 07/03/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE NO.III TRICHY 2.-DO-THRO THE CHIEF JUDICIAL MAGISTRATE TRICHY DISTRICT 3.THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SIVAGANGAI, SIVAGANGAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT MADURAI +1. CC to M/S.B.PRAHALAD RAVI Advocate SR.No.13020
ORDER
IN CRL OP(MD) No.2355 of 2017 Date :07/03/2017 MAS/SKN-SAR2:09.03.2017:2P-6C https://hcservices.ecourts.gov.in/hcservices/