Shahul Hameed v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty First day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.9730 of 2016 SHAHUL HAMEED ... PETITIONER/ACCUSED NO.1 Vs STATE REP BY THE INSPECTOR OF POLICE ALL WOMAN POLICE STATION, TUTICORIN, (CRIME NO.30/2014) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S S.BALATHANDAYUTHAPANI Advocate For Respondent : M/S.P.KANNITHEVAN, Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as Accused No.1, apprehends arrest at the hands of the respondent police for the offences punishable under Sections 498-A and 506(i) IPC, in Crime No.65 of 2016, on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that the marriage between the petitioner and de facto complainant was solemnized in the year 2010. After marriage, the petitioner along with the other accused harassed her demanding more dowry. On complaint case has been registered for the above said offences.

3.The case of the petitioner is that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. The petitioner received summons for the enquiry before the Trial Court on 23.06.2016 and thereafter only he came to know about the case.

4.The learned Government Advocate (Criminal side) submitted that due to non-appearance of the petitioner, absconding charge sheet was filed before the Trial Court and taken on file in C.C.No.65 of 2016 and the matter was posted before the Trial Court on 26.03.2016.

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5.Considering the facts and circumstances of the case and also considering the fact that absconding charge sheet was filed and taken on file in C.C.No.65 of 2016 by the Trial Court 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 No.1, Tuticorin, 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 Trial Court for future hearings regularly. 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/- 21/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.I TUTICORIN 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TUTICORIN DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE ALL WOMAN POLICE STATION, TUTICORIN, +1. CC to M/S S.BALATHANDAYUTHAPANI Advocate SR.No.31727 RL/6C/2P/NGM/MP/SARII/22/6/2016

ORDER

IN CRL OP(MD) No.9730 of 2016 Date :21/06/2016 https://hcservices.ecourts.gov.in/hcservices/