M Shahul Hameed v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/04/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). Nos.6376 & 6378 of 2024

1. M Shahul Hameed

2. Sharmila Begum ... Petitioners/Accused Rank not known in Crl.O.P(MD) No.6376 of 2024

1. I.Mohammed Irfan

2. Parveen Banu ... Petitioners/Accused Rank not known in Crl.O.P(MD) No.6378 of 2024 Vs The Inspector of Police, All Women Police Station, Manapparai, Trichy District.

(Crime No.14/2023).

... Respondent/Complainant in both the petitions in both petitions:

For Petitioners : Mr.P.Pandia Rajan, Advocate For Respondent : Mr.M.Sakthi Kumar, Government Advocate (Crl.Side) 1/5

PETITIONS FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C COMMON PRAYER :- For Anticipatory Bail in Crime No.14/2023 on the file of the Respondent Police.

COMMON ORDER : The Court made the following order :- The petitioners, apprehending arrest at the hands of the respondent Police, in connection with a case in Crime No.14 of 2023, for the offence punishable under Sections 498(A) and 294(b) IPC, have filed this petition seeking anticipatory bail.

2. The case of the prosecution is that the husband of the defacto complainant/A1 and his relatives, who are the petitioners herein harassed the defacto complainant. Hence, the case.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. The petitioners are the in-laws of the defacto complainant. Owing to a matrimonial dispute between the husband and wife, a false case has 2/5

been foisted against them. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submitted that in this case, there was a matrimonial dispute between the defacto complainant and her husband. In this case, investigation has not been completed so far.

5. Considering the facts and circumstances of the case and the nature of dispute between the parties, this Court is inclined to grant anticipatory bail to the petitioners.

6. Accordingly, these Criminal Original Petitions are ordered and the petitioners are ordered to be released on bail in the event of their arrest or on their appearance within a period of fifteen days from the date of receipt of a copy of this order, before the concerned Judicial Magistrate on condition that (i) the petitioners shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand)each, with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Manapparai;

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(ii) The petitioners and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the government in proof of their residence address; (iii) The petitioners shall appear before the respondent police daily at 10.30a.m, for a period of two weeks, and thereafter, shall appear before the respondent Police as and when required for interrogation. They have to co-operate for the trial; (iv) The petitioners shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution witnesses; (v) On violation of any of the above conditions by the petitioners, the respondent police shall move an application for cancellation of the anticipatory bail. (vi).The respondent police is directed to refer the matter to a Mediator or Social Welfare Officer to find out the possibility for amicable settlement between the defacto complainant and her husband.

sd/- 25/04/2024 / TRUE COPY / /05/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM TO 1 THE JUDICIAL MAGISTRATE MANAPPARAI.

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2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, MANAPPARAI, TRICHY DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+ 2 CC TO Mr.P.Pandia Rajan, Advocate IN SR No.23114, 23115 DATED 29/04/2024

ORDER

IN CRL OP(MD). Nos.6376 & 6378 of 2024 Date :25/04/2024 SS/GS/SAR- /02/05/2024/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5