Madras High CourtCRL OP(MD)/12291/2022granted

Kamarudheen v. The Inspector Of Police

2022-07-08Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.12291 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12291 of 2022

1. Kamarudheen

2. Jamal Mohamed

3. Rahmathullah

4. Jawahir

5. Jaleel @ Abdul Jaleel

6. Segu @ Sheik Mohamed ... Petitioners/Accused Rank A6,A8-12 Vs State Rep.by The Inspector of Police, AWPS, Pattukkottai, Crime.No.17/2022.

... Respondent/Complainant For Petitioners : M/s.Alaudeen.S.A.S, Advocate.

For Respondent : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.17 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/Accused Nos.6 and 8 to 12, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 498(A), 294(b) and 506(i) I.P.C. and Section 4 of DP Act, in Crime No.17 of 2022 on the file of the respondent police, seek anticipatory bail.

2.Reading of the FIR shows that there was dispute between the husband and wife, over which the Jamath intervened. In the Jamath there was compromise between the parties. The defacto complainant agreed for divorce through Talak. In pursuance of the aforesaid compromise, the 1st accused has filed O.S.No.174 of 2021 to dissolve the marriage before the District Munsif Court, Pattukottai. But the defacto complainant has stated that she was forced and coerced she did not agree for any such compromise. During the Jamath conciliation process, she demanded her jewels, Seervarisai etc. But, that was not returned to her. Instead, she was criminally intimidated. Based upon the complaint only, the case has been registered.

https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.12291 of 2022 3.Considering the limited role that has been played by this petitioners, who are the Jamathars and are noway connected with the matrimonial dispute between the husband and wife, this Court is inclined to grant anticipatory bail to the petitioners. 4.Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate, Pattukottai, on condition that the petitioners shall execute 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 the petitioners shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

5.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 stands dismissed.

sd/- 08/07/2022 / TRUE COPY / /07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1 THE JUDICIAL MAGISTRATE, PATTUKOTTAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE INSPECTOR OF POLICE, AWPS, PATTUKKOTTAI, THANJAVUR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL OP(MD) No.12291 of 2022 Date :08/07/2022 RS/PN/SAR.4 (26.07.2022) 2P-5C https://www.mhc.tn.gov.in/judis 2/2