Mohammed Rila, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Ninth day of June Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.3899 of 2017 1 MOHAMMED RILA 2 SARDHAR SAIT 3 RABIYA 4 ANIS FATHIMA 5 MOHAMMED YUSUF ... PETITIONERS/ACCUSED 1 TO 5 Vs STATE REP.BY, THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, DINDIGUL, DINDIGUL DISTRICT.
CRIME NO.13 OF 2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.VELLAICHAMY Advocate For Respondent : MR.A.RAMAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as A-1 to A-5, in Crime No.13 of 2017 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 498-A, 294(b), 406, 363, 506(i) of I.P.C and Section 4 of Dowry Prohibition Act and hence, seek anticipatory bail.
2.Heard the learned counsel for the petitioners and the learned Government Advocate(Crl. Side) for the respondent/State.
3. The learned Government Advocate(Crl. Side)) on instructions submitted that this is a case of matrimonial dispute and the allegation is that the petitioners demanded more dowry from the defacto complainant and harassed her. She further submitted that the first petitioner is the husband of the defacto complainant and the other petitioners are the family members.
4. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have nothing to do with the alleged offence.
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5. Considering the facts and circumstances of the case, this
Court is inclined to grant anticipatory bail to the petitioners 2 to 5, with certain conditions. Accordingly, the petitioners 2 to 5 are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.2, Dindigul 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 2 to 5 shall appear before the respondent police as and when required for interrogation. The petitioners 2 to 5 shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
6.The petitioners 2 to 5 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.
7. In respect of the first petitioner, considering the submission of the learned counsel appearing for both sides that there is an element of settlement, this matter is referred to the Mediation and Conciliation Centre, attached to this Bench. The first petitioner and the defacto complainant are directed to appear before the Mediation Centre on 13.04.2017. The respondent / Police is directed to ensure that the defacto complainant appeared before the said Centre without fail.
8. List the matter on 20.04.2017. Till then, the first petitioner shall not be arrested.
sd/- 09/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.2, DINDIGUL.
2 THE CHIEF JUDICIAL MAGISTATE, DINDIGUL DISTRICT. 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, DINDIGUL, DINDIGUL DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
AM CSL/PN/SAR-I/16.06.2017 : 2P/5C
ORDER
IN CRL OP(MD) No.3899 of 2017 Date :09/06/2017 https://hcservices.ecourts.gov.in/hcservices/