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Madras High CourtCRL OP(MD)/2608/2016ordered

M. Samsu Beevi v. The Sub Inspector Of Police

2016-02-12Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twelfth day of February Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.2608 of 2016 1 M. SAMSU BEEVI 2 M. FATHIMA BANU 3 M. JAHEER HUSAIN ... PETITIONERS / ACCUSED No.2 to 4 Vs 1 THE SUB INSPECTOR OF POLICE ALL WOMEN POLICE STATION, RAMANATHAPURAM, (CRIME NO. 5/2016) ... RESPONDENT / COMPLAINANT For Petitioner : M/S J.PRAVEEN Advocate For Respondent : MR.A.P.BALASUBRAMANI, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehended arrest at the hands of the respondent Police for the alleged offences punishable under Sections 498(A), 294(b), 406 and 506(i) I.P.C., in Crime No.5 of 2016, on the file of the respondent Police, seek anticipatory bail.

2. Heard Mr.J.Praveen, learned counsel appearing for the petitioners / Accused 2 to 4 and Mr.A.P.Balasubramani, learned Government Advocate (Criminal Side) appearing for the State.

3. It is seen that the marriage between the de facto complainant and the first accused Jaguar Shajahan took place on 04.06.2000 and they have two children through the wedlock. The first accused Jaguar Shajahan has gone abroad for employment purpose.

4. Taking into consideration the nature of allegations made against the petitioners / Accused 2 to 4, this Court is of the view that this is a fit case to grant anticipatory bail to the petitioners / Accused 2 to

4. Accordingly, they are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Ramanathapuram, on condition that each of the petitioners / Accused 2 to 4 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (i) the 3rd petitioner / 4th Accused shall report before the respondent Police daily at 06.30 p.m., for a period of https://hcservices.ecourts.gov.in/hcservices/

two weeks and thereafter as and when required for interrogation and the petitioners 1 and 2 / Accused 2 and 3 shall report before the respondent Police as and when required for interrogation.

(ii) the petitioners / Accused 2 to 4 shall not tamper with evidence or witness either during investigation or trial.

(iii) the petitioners / Accused 2 to 4 shall not abscond either during investigation or trial. (iv) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners / Accused 2 to 4 in accordance with law as if the conditions have been imposed and the petitioners / Accused 2 to 4 released on bail by the learned 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].

5. The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether the petitioners are complying with the conditions or not. sd/- 12/02/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I RAMANATHAPURAM 2 DO THRO THE CHEIF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT 3 THE SUB INSPECTOR OF POLICE ALL WOMEN POLICE STATION, RAMANATHAPURAM, 4 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S J.PRAVEEN Advocate SR.No. 8608.

ORDER

IN CRL OP(MD) No.2608 of 2016 Date :12/02/2016 AM/16.02.2016/JDB.DP/SAR-I/2P/6C https://hcservices.ecourts.gov.in/hcservices/