Akbar Sheriff v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Date : 01.11.2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD)No.15582 of 2021 1.Akbar Sheriff 2.Subitha Begum 3.Samseera Banu 4.Fathima Mariyam ... Petitioners/Accused Vs The State of Tamil Nadu represented by The Inspector of Police, All Women Police Station, Thirupathur, Sivagangai District.

(Crime No.4 of 2021) ... Respondent/Complainant For Petitioner : M/s.N.Kamesh, Advocate For Respondent : M/s.R.Meenakshi Sundaram, Additional Public Prosecutor For Intervenor : M/s.S.A.Ajmakhan, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.4 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order : The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 498(A), 294(b), 323 and 506(i) IPC and Section 4 of Dowry Prohibition Act, seek anticipatory bail.

2.The prosecution case is that the petitioners have harassed the defacto complainant and demanded dowry. Hence, the complaint. 3.Considering that it is a matrimonial dispute, this Court vide order dated 28.10.2021 referred the matter for mediation by appointing Advocate Mr.R.Ganesh Prabhu, as Mediator. 4.Today when the matter is taken up for hearing, it is reported by the learned Mediator that the petitioners and the defacto complainant appeared before him and the husband / first accused appeared through video call from Dubai. However, the husband has sought time till January 2022 for settling the issue. 5.It is seen from the report of the learned Mediator that some of the jewels are retained in the matrimonial home. The husband taking advantage that he is in abroad has not taken efforts for settling the issue and the petitioners being the family members of the husband have not advised the husband to solve the issue amicably.

6.In view of the above, this court is not inclined to grant anticipatory bail to the petitioners. Accordingly, this petition stands dismissed.

Sd/- 01/11/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.II) 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 Inspector of Police, All Women Police Station, Thirupathur, Sivagangai District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to:

1. THE CO-ORDINATOR, MEDIATION AND CONCILIATION CENTRE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. (SOFT COPY)

2. M/S.R.GANESH PRABHU, MEDIATOR/ADVOCATE (PHONE 9600259677) MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.15582 of 2021 Date :01/11/2021 SP/VR/SAR II/16/11/2021/3P/4C