Ramzil Nisha v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Ninth day of May Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD) No.7549 of 2018 1 RAMZIL NISHA 2 A. SAMSUDEEN 3 A. SIKKANDAR 4 S. BENAZEER 5 A. SAJITHA 6 DHEENAL BEGUM ... PETITIONERS / ACCUSED No.1 to 6 Vs THE STATE REP.BY THE INSPECTOR OF POLICE AUSTINPATTI POLICE STATION, MADURAI DISTRICT.

IN CR NO. 129 OF 2018.

... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.M.A.JINNAH Advocate For Respondent : Mr.K.SUYAMBULINGA BHARATHI, Govt. Advocate 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 the offence punishable under Sections 147, 148, 294(b), 448, 323, 324, 506(II) I.P.C., and Section 4 of Women Harassment Act, in Crime No.129 of 2018, on the file of the respondent Police, seek anticipatory bail.

2.The case of the prosecution is that the first petitioner is the wife of the defacto complainant and other petitioners are inlaws of the defacto complainant. Due to matrimonial dispute, the petitioners assaulted the defacto complainant and threatened him

with dire consequences. Hence, the case has been registered for the above said offences.

3.On the side of the petitioners, it is stated that the petitioners are innocent persons and they have been falsely implicated in this case. Hence, he prays for anticipatory bail to the petitioners.

4.On the side of the respondent, it is stated that there are totally seven accused in the case. The petitioners herein are arrayed as A1 to A6. He further stated that the injured was discharged from the hospital.

5.Considering the facts and circumstances of the case and also taking note of the fact that the injured was discharged on 02.05.2018, this Court is inclined to grant anticipatory bail only to the petitioners. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of 15 days from the date on which the order copy is made ready, before the learned Judicial Magistrate Court I, Thirumangalam on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (rupees ten thousand only) each 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 report before the respondent Police daily at 10.30 a.m. until further orders.

[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 are 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/- 09/05/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.1, THIRUMANGALAM.

2 THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE, AUSTINPATTI POLICE STATION, MADURAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.M.A.JINNAH Advocate SR.No.8272.

ORDER

IN CRL OP(MD) No.7549 of 2018 Date :09/05/2018 SDS/CM/ASVM/10.05.2018/3P/6C