J Nizamudeen v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Date : 30.05.2024 PRESENT THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI 1.J.Nizamudeen S/o.Jainalabudeen 2.J.Basheer Ahamed S/o.Jainalabudeen 3.M.Jainalabudeen S/o.Mohammed Kani 4.J.Fathimakalila W/o.Jainalabudeen ... Petitioners/Accused Rank Not Known Vs.

State through The Inspector of Police, All Women Police Station, Bodinayakkanur, Theni District.

(Crime No.Not Known/2024) ... Respondent/Complainant Page No.1 of 5

For Petitioners : Mr.A.Arputharaj For Respondent : Mrs.Aasha Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL under Section 438 of Cr.P.C.

PRAYER :- For Anticipatory Bail in Crime No.Not Known of 2024 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners/Accused Rank Not Known, who apprehend arrest at the hands of the respondent police for the offence punishable under Section 498(A) of I.P.C., in Crime No.Not Known of 2024, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the de facto complainant is none other than the wife of the first petitioner and in-law of the second to fourth petitioners. The de facto complainant is taking treatment for brain Page No.2 of 5

tumor. The de facto complainant lodged a complaint against the petitioners before the Superintendent of Police, Theni which was forwarded to the respondent police for enquiry.

3. The learned counsel appearing for the petitioners would submit that the petitioners are innocents and they have not committed any offence. He would further submit that based on the complaint of the de facto complainant, there is a possibility of arresting the petitioners. Hence, he would seek anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that based on the complaint of the de facto complainant, enquiry is going to be conducted and no FIR is registered till now.

5. Recording the same, the petitioners are directed to co-operate with the enquiry before the respondent police. The respondent police is directed not to arrest the petitioners till the completion of the enquiry. Page No.3 of 5

6. Accordingly, this Criminal Original Petition is closed. (L V G J) 30.05.2024 JEN TO 1.The Inspector of Police, All Women Police Station, Bodinayakkanur, Theni District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Page No.4 of 5

L.VICTORIA GOWRI, J.

JEN Order in Date : 30.05.2024 Page No.5 of 5