Khair Nisha v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixteenth day of February Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.2197 of 2016 1 KHAIR NISHA 2 SANTHU MOHAMMED 3 FATHIMA 4 FAPITHA 5 RAFIQUE 6 SIKKANDHAR @ HABIB RAHMAN ... PETITIONERS / ACCUSED NO.2 TO 7 Vs THE STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, PALANI,DINDIGUL DISTRICT, CR NO.5 OF 2016. ... RESPONDENT / COMPLAINANT For Petitioner : M/S T.LENIN KUMAR Advocate For Respondent : MRS.S.PRABHA, Govt. Advocate ( Crl. Side) 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 alleged offences punishable under Sections 498(A) and 506(i) IPC in Crime No.5 of 2016 on the file of the respondent police, seek anticipatory bail.

2. It is seen that the defacto complainant got married to Siddiq/first accused on 18.10.2015 and thereafter, there was matrimonial disputes between them. It is alleged that the defacto complainant consumed phenol and attempted to commit suicide on 02.02.2016 and thereafter, she has been discharged from the hospital. The petitioners are the relatives of Siddiq and the first accused Siddiq was already arrested.

3. Taking into consideration the nature of the allegations, I am of the opinion that it is a fit case to grant anticipatory bail to the petitioners.

4. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Palani, on condition that https://hcservices.ecourts.gov.in/hcservices/

the each of the petitioners shall execute 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 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 petitioner Nos.1, 3 and 4 being ladies shall report before the respondent police as and when required for interrogation and the petitioner Nos.2, 5 and 6 shall report before the respondent police daily at 6.30 p.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 Judicial 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 released on bail by the learned Judicial 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/- 16/02/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, PALANI.

2 DO THRO'THE CHIEF JUDICIAL MAGISTRATE DINDIGUL.

3 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, PALANI,DINDIGUL DISTRICT.

+1. CC to M/S T.LENIN KUMAR Advocate SR.No.9031

ORDER

IN CRL OP(MD) No.2197 of 2016 Date :16/02/2016 RG.JGB-DP/AR-II 16/02/2016 2P:6C https://hcservices.ecourts.gov.in/hcservices/