Mariyam Rizwana v. The Inspector Of Police

CRL OP(MD). No.19657 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/12/2021 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.19657 of 2021 Mariyam Rizwana ... Petitioner/ 4th Accused Vs The State rep.by, The Inspector of Police, All Women Police Station, Thiruverambur, Trichy City.

(Crime No.30 of 2021) ... Respondent/Complainant For Petitioner : Mr.T.J.Ebenezer Charles, 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.30 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Accused No.4, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 498(A), 294(b), 406 and 506(i) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.30 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that the marriage between the first accused and the de-facto complainant was solemnized on 05.01.2017. After the marriage, the petitioner along with other accused harassed the de-facto complainant by demanding additional dowry and driven her out of the matrimonial home. Hence, the complaint.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and she has been falsely implicated in this case. The petitioner has not committed any offence as alleged by the prosecution. He would further submit that the only over act against the petitioner in the complaint is that she had borrowed 10 sovereign of gold chain and failed to return the same. But the petitioner never borrowed any jewels from the defacto complainant.

4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner and his family members https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.19657 of 2021 refused to return the jewels to the defacto complainant. He would further submit that the first accused arrested and thereafter released on bail by the Sessions Court.

5.Considering the facts and circumstances of this case,the nature of allegation levelled against the petitioner and also of the fact that Sessions Court had granted bail to the first accused, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or her appearance, before the learned Additional Mahila Court, Trichy, and on his executing a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Magistrate concerned; and the petitioner shall appear before the respondent police on every Saturday at 10.30 am until further orders. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

7.The petitioner shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 10/12/2021 / TRUE COPY / / /2021 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 ADDITIONAL MAHILA COURT, TRICHY.

2 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THIRUVERAMBUR, TRICHY CITY.

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

+1 CC to MR.T.J.EBENEZER CHARLES, Advocate(SR-9151[I]dated 13/12/2021) ORDER IN CRL OP(MD) No.19657 of 2021 Date :10/12/2021 TTA MK/VR/SAR.III/22.12.2021/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2