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Madras High CourtCRL OP(MD)/14490/2018ordered

J. Bilal Kani v. The Inspector Of Police

2018-08-14Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourteenth day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.14490 of 2018 1 J.BILAL KANI 2 J.JAHIR HUSSEIN ... PETITIONER/ACCUSED No.1 & 2 Vs THE INSPECTOR OF POLICE R.S. MANGALAM POLICE STATION, RAMNAD DISTRICT.

IN CR NO. 112 OF 2018 ... RESPONDENT/COMPLAINANT For Petitioners : MR.R.M.MAKESH KUMARAVEL, Advocate For Respondent : MR.V.NEELAKANDAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/A1 and A2 apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323 and 506(i) of I.P.C, in crime No.112 of 2018, seek anticipatory bail.

2.The case of the prosecution is that the defacto complainant is the mother of the second wife of the second petitioner. The second petitioner got married to one namely Shakila Banu and she gave birth the first petitioner herein. However, suspecting the character of his first wife, the second petitioner divorced her long back. Thereafter, the second petitioner married the daughter of the defacto complainant. Again, there is a misunderstanding between the second wife of the second petitioner. Now maintenance case is pending before the learned Judicial Magistrate, Thiruvadanai and it is pending.. Pending maintenance case between the parties, there is a threatening to withdraw the maintenance case. Hence, the complaint.

3.Heard the learned counsel appearing for the petitioners. 4.The learned Additional Public Prosecutor submitted that the investigation is pending and it is a matrimonial dispute. https://hcservices.ecourts.gov.in/hcservices/

5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Thiruvadanai and on each of them executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously.

6.The petitioners 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 shall stand dismissed.

sd/- 14/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, THIRUVADANAI, RAMANATHAPURAM DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANAHAPURAM DISTRICT 3 THE INSPECTOR OF POLICE, R.S.MANGALAM POLICE STATION, RAMANATHAPURAM DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to MR.R.M.MAKESH KUMARAVEL Advocate SR.No.15549

ORDER

IN CRL OP(MD) No.14490 of 2018 Date :14/08/2018 PK/JC/SAR-1/21.08.2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/