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Madras High CourtCRL OP(MD)/17576/2016ordered

S.Dhousi Khan v. The Inspector Of Police

2016-09-26Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Sixth day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice C.T.SELVAM CRL OP(MD) No.17576 of 2016 1 S.DHOUSI KHAN 2 A.SHEIKH DHAVUTH 3 S.BYROJA 4 E.MAJITHA ... PETITIONERS/ACCUSED No.1 Vs STATE REP.BY THE INSPECTOR OF POLICE NAGAMALAI PUTHUKOTTAI POLICE STATION, MADURAI DISTRICT (CR.NO.457/2016) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.K.JAYASEELAN Advocate For Respondent : MR.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Petitioners/accused, prays for grant of anticipatory bail under Section 438 of Cr.P.C for the offences punishable under Sections 417, 376, 294(b), 506(i) IPC in Crime No.457 of 2016 on the file of respondent police.

2. The case of the prosecution is that the first accused had sexual intercourse with the defacto complainant on promise to marry her and other accused abused with filthy language and criminally intimidated her.

3.Learned counsel for the petitioners submits that petitioners have not committed any offence.

4.Heard learned Government Advocate (Crl. Side).

5. On consideration of the facts and circumstances of the case and the submissions made, this Court is of the view that the petitioners can be granted the relief prayed for and accordingly; (a) In the event of arrest by or on appearance before the https://hcservices.ecourts.gov.in/hcservices/ respondent police;

(b) In the event of appearance before the learned Judicial Magistrate No.VI, Madurai, within 15 days from the date of receipt of copy of the order, (i) petitioners shall be enlarged on bail on each of them executing a bond for Rs.10,000/- (Rupees ten thousand only) with two sureties each for the like sum to their satisfaction; (ii) petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade them from disclosing such facts to the Court or to any Police Officer;

(iii) first petitioner shall be available for interrogation by the respondent police daily at 10.30. am for a period of one week and thereafter, as and when required and the petitioners 2 to 4 shall appear before the respondent police as and when required. sd/- 26/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S-I) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.VI, MADURAI.

2 DO-THRO'THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE NAGAMALAI PUTHUKOTTAI POLICE STATION, MADURAI DISTRICT.

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

+1. CC to M/S.K.JAYASEELAN Advocate SR.No.55666

ORDER

IN CRL OP(MD) No.17576 of 2016 Date :26/09/2016 PA/SK-SKN/SAR I/28.09.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/