Mubarak Ali v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirty First day of January Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.806 of 2017 1 MUBARAK ALI 2 PARAKATH NISHA ..PETIONERS/ACCUSED NO. 1 AND 6 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SIVAGANGAI, SIVAGANGAI DISTRICT.
(CR.NO.14/2016) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.B.PRAHALAD RAVI Advocate For Respondent : P.KANDASAMY, 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.1 & 6, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 323, 342, 406, 498(A) and 506(i) of I.P.C., r/w. Section 4 of Dowry Prohibition Act in Crime No.14 of 2016 on the file of the respondent police and hence, seek anticipatory bail.
2. The case of the prosecution is that the petitioners along with the other accused said to have harassed the de-facto complainant, who is the wife of the first petitioner demanding more dowry from her.
3. The learned counsel for the petitioners states that the first petitioner is the husband of the de-facto complainant and the second petitioner is the in-law of the de-facto complainant and the alleged occurrence took place on 27.05.2007 and the present complaint was filed in the year 2016 with false allegations and the entire case of the prosecution is fabricated one. https://hcservices.ecourts.gov.in/hcservices/
4. The learned Government Advocate (Crl.side) states that totally there are 6 accused in this case and the petitioners herein are A1 and A6 respectively and the co-accused viz., A4 and A5 were granted anticipatory bail by this Court in Crl.O.P.(MD).No.23751 of 2016, dated 23.12.2016 and A2 and A3 were granted anticipatory bail by this Court in Crl.O.P.(MD).No.23754 of 2016, dated 23.12.2016.
5. Considering the above facts and circumstances of the case and also the release of the co-accused in this case, this Court is 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 their arrest or on their appearance before the learned Judicial Magistrate, Ilayankudi, Sivagangai District and on their executing 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 learned Magistrate concerned and the petitioners shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
6. The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail stands dismissed.
sd/- 31/01/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICAL MAGISTRATE, ILAYANKUDI.
2 DO THROUGH THE CHIEF JUDICIAL, SIVAGANGAI.
3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SIVAGANGAI.
4 ADDITIONAL PUBLLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT,MADURAI +1. CC to M/S.B.PRAHALAD RAVI Advocate SR.No.5471 AKV MS JM SAR3/1.2.2017/2P.6C
ORDER
IN CRL OP(MD) No.806 of 2017 Date :31/01/2017 https://hcservices.ecourts.gov.in/hcservices/