Syed Ali v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/10/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.11970 of 2021
1. Syed Ali
2. Neelaveni Alias Hidhya Begam ... Petitioners/Accused (Rank Not Known) Vs State rep.by The Inspector of Police, All Women Police Station, Aruppukkottai, Virudhunagar District.
(Crime No.Not Known of 2021).
... Respondent/Complainant For Petitioners : M/s.Prabhu.L, Advocate.
For Respondent : M/s.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.Not known of 2021 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 406 and 494 of IPC in crime No.Not known of 2021, seek anticipatory bail.
2.The case of the prosecution is that the defacto complainant is the wife of the first petitioner. The first petitioner pledged the jewels of the defacto complainant for buying a car. Thereafter, the pledged jewels were not returned to her. Due to some misunderstanding, the first petitioner left the defacto complainant
and illegally married the second petitioner herein. Hence, the complaint.
3.The learned Additional Public Prosecutor for the respondent police submitted that at the time of filing this petition, only enquiry was pending and no case has been registered. Now, the respondent police registered a case in Crime No.20 of 2021 and the investigation is yet to be completed.
4.This Court, by order dated 17.09.2021, referred the matter to the District Social Welfare Committee to conduct enquiry and file a report. This Court also directed the petitioners to return the jewels to the defacto complainant.
5.Today, when the matter is taken up for hearing, the learned counsel for the petitioners claims that he could not contact his clients and get instructions from them.
6.Since the petitioners have not give proper instructions to the learned counsel and also a case has been registered, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Petition is dismissed with liberty to the petitioner to file a fresh application, after giving appropriate instructions to the learned counsel.
Sd/- 29/10/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.
CP 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 Inspector of Police, All Women Police Station, Aruppukkottai, Virudhunagar District.
2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1. CC to M/S.PRABHU L Advocate SR.No.7697
ORDER
IN CRL OP(MD) No.11970 of 2021 Date :29/10/2021 SP/VR/SAR I/11/11/2021/3P/4C