Mohamed Basheer v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Thirtieth day of June Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.8184 of 2017 MOHAMED BASHEER ... PETITIONER/ACCUSED NO.2 Vs THE STATE REP.BY ITS, THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, VADAMADURAI, DINDIGUL DISTRICT CRIME NO. 9/2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.G.GOMATHI SANKAR 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 petitioner, who is arrayed as A-2, in Crime No.9 of 2016 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 354(A), 448, 355 and 294(b) of I.P.C and hence, seeks anticipatory bail.

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent/State. 3.The learned Additional Public Prosecutor on instructions submitted that the petitioner and the defacto complainant are neighbours and the allegation is that when the husband of the defacto complainant was not present in home, the petitioner along with other accused, harassed the defacto complainant. He further submitted that the petitioner is arrayed as A-2 in the F.I.R, wherein his name was mentioned as Basheer, S/o.Mohammed Ismoil. But, he submitted that the petitioner and the Mohamed Basheer is one and the same person.

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4. The learned counsel for the petitioner submitted that A-1 in this case was arrested and released on bail and the petitioner is an

innocent person and he has got nothing to do with the alleged offence.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Natham, Dindigul District and on his 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 petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. 6.The petitioner 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/- 30/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,NATHAM, DINDIGUL DISTRICT. 2 THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL.

3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION,VADAMADURAI,DINDIGUL DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.G.GOMATHI SANKAR Advocate SR.No.25566 PM CSL/PM-PN/SAR-III/04.07.2017 : 2P/6C

ORDER

IN CRL OP(MD) No.8184 of 2017 Date :30/06/2017 https://hcservices.ecourts.gov.in/hcservices/