Abbas v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI
1. Abbas
2. Pasariya Beevi
3. Anitha Banu
4. Syed Abu Thaheer ... Petitioners/1 to 4 Accused Vs The Inspector of Police, All Women Police Station, Aranthaangi, Pudukottai District.
(Crime No.3/2024).
... Respondent/Complainant For Petitioner :Mr. S.Poornachandran, Advocate For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.3/2024 on the file of the Respondent Police. 1/5
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.3 of 2024, for the offence punishable under Sections 498(A), 294(b) and 323 IPC and Section 4 of Dowry Prohibition Act, 1961, have filed this petition seeking anticipatory bail.
2. The case of the prosecution is that due to matrimonial dispute, the accused have harassed the defacto complainant, demanded dowry from her and also sent her out from the matrimonial house. Hence, the case.
3. The learned counsel appearing for the petitioners submits that by suppressing the defacto complainant's physical condition, she has married the first petitioner. Therefore, the first petitioner has lodged a complaint before the concerned Superintendent of Police on 11.05.2024. Only as a counter complaint, the defacto complainant has foisted this case. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) appearing for the respondent 2/5
Police submits that no previous case is pending against the petitioners.
5. Considering the facts and circumstances of the case and also considering the antecedents of the petitioners, 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 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 learned 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, Aranthangi, Pudukottai 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 3/5
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. 7.The respondent police shall find out the possibility of amicable settlement between the parties and refer the first petitioner and the defacto complainant to the Social Welfare Officer concerned.
sd/- 21/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
LR TO 1 THE JUDICIAL MAGISTRATE ARANTHANGI, PUDUKOTTAI DISTRICT.
2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT. 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, ARANTHANGI, PUDUKKOTTAI DISTRICT.
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4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.9097 of 2024 Date :21/06/2024 SS/VR/SAR- /28/06/2024/5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5