Fathima @ J.Fathimakalila v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10.06.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI

1. Fathima @ J.Fathimakalila

2. Jaidhuladen @ M.Jainalabudeen

3. Bazeer @ J.Basheer Ahamed ... Petitioners/Accused Nos. 2,3 & 5

Versus

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

(Crime No. 10/2024) ... Respondent/Complainant For Petitioners : Mr.A.Arputharaj,Advocate For Respondent : Mr.M.Sakthi Kumar Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.10 of 2024 on the file of the Respondent Police.

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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.10 of 2024, for the offence under Sections 498(A), 406 and 506(i) IPC, have filed this petition seeking anticipatory bail.

2. The case of the prosecution is that the petitioners harassed the defacto complainant by demanding more dowry. When the same was questioned by the first accused/husband, they abused her in filthy language and threatened her with dire consequences.

3. The learned counsel appearing for the petitioners submits that the petitioners are innocent persons and they have not committed any offence. Due to the family dispute, this false complaint has been lodged against the petitioners. Therefore, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) appearing for the respondent Police submits that the investigation is yet to be completed. 2/5

5. Considering the nature of offence and also considering the fact that it is a matrimonial dispute, this Court is inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Criminal Original Petition is ordered and the petitioners are ordered to be released on bail in the event of arrest or on their appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate on condition that (i) the petitioners 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 Court, Bodinayakanur, Theni District. (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 as and when required for interrogation. They have to co-operate for the investigation. (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. 3/5

(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. sd/- 10/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

OGY TO THE JUDICIAL MAGISTRATE, BODINAYAKKANUR, THENI DISTRICT DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, BODINAYAKANUR, THENI DISTRICT.

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

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+1 CC to M/s.A.ARPUTHARAJ, Advocate ( SR-6277[I] dated 10/06/2024 )

ORDER

IN CRL OP(MD) No.8459 of 2024 Date :10/06/2024 PKP/ED/SAR /18.06.2024/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5