Jahir Hussain v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Second day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.9842 of 2016 JAHIR HUSSAIN ... PETITIONER/ACCUSED No.1 Vs THE STATE REP. BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SRIRANGAM, TRICHY, CR NO. 20 OF 2014. ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S K.K.RAMAKRISHNAN, ADVOCATE FOR RESPONDENT : MR.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(ii) IPC, in Crime No.20 of 2014, on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that the marriage between the de facto complainant and A.1 was solemnized on 21.03.2006. After the marriage, the accused persons harassed the de facto complainant demanding more dowry and threatened her with dire consequences. 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. No marriage was solemnized between the petitioner and de facto complainant. A false case has been foisted against him. In the petition filed in Crl.O.P(MD)No.965 of 2015, for quashing the proceedings in Crime No.20 of 2014, this Court granted interim stay on 22.01.2015.

4.The learned Government Advocate (Criminal side) submitted that the accused harassed the de facto complainant demanding more dowry and threatened her with dire consequences. https://hcservices.ecourts.gov.in/hcservices/

5.Considering the facts and circumstances of the case and also considering the fact that a quash petition has been filed and in that petition an order of interim stay was granted, 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.III, Trichy 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 daily at 10.30 a.m. until further orders. 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/- 22/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.III, TRICHY.

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY.

3. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SRIRANGAM, TRICHY,

4. THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S K.K.RAMAKRISHNAN Advocate SR.No. 31946

ORDER

IN CRL OP(MD) No.9842 of 2016 Date :22/06/2016 SMN TE/AAL-MPA/SAR-III : 04/07/2016 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/