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  1. Home/
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  4. 2024/
  5. May

J Nizamudeen vs. the Inspector of Police

Decided on 30 May 2024• Citation: CRL OP(MD)/7952/2024• Madras High Court
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                                                 Crl.O.P.(MD) No.7952 of 2024     
               BEFORE  THE MADURAI   BENCH  OF MADRAS   HIGH COURT                
                                 (Criminal Jurisdiction)                          
                                  Date : 30.05.2024                               
                                     PRESENT                                      
                    THE HON'BLE  MRS.JUSTICE L.VICTORIA  GOWRI                    
                             Crl.O.P.(MD) No.7952 of 2024                         
             1.J.Nizamudeen                                                       
              S/o.Jainalabudeen                                                   
             2.J.Basheer Ahamed                                                   
              S/o.Jainalabudeen                                                   
             3.M.Jainalabudeen                                                    
              S/o.Mohammed Kani                                                   
             4.J.Fathimakalila                                                    
              W/o.Jainalabudeen                ... Petitioners/Accused Rank       
                                                         Not Known                
                                        Vs.                                       
             State through                                                        
             The Inspector of Police,                                             
             All Women Police Station,                                            
             Bodinayakkanur,                                                      
             Theni District.                                                      
             (Crime No.Not Known/2024)        ... Respondent/Complainant          
             ____________                                                         
             Page No.1 of 5                                                       
  https://www.mhc.tn.gov.in/judis                                                 

                                                 Crl.O.P.(MD) No.7952 of 2024     
                       For Petitioners : Mr.A.Arputharaj                          
                       For Respondent : Mrs.Aasha                                 
                                      Government Advocate (Criminal Side)         
                 PETITION  FOR  ANTICIPATORY   BAIL under Section 438 of          
             Cr.P.C.                                                              
             PRAYER  :-                                                           
               For Anticipatory Bail in Crime No.Not Known of 2024 on the file of 
             the respondent police.                                               
             ORDER  : The Court made the following order :-                       
                  The petitioners/Accused Rank Not Known, who apprehend arrest    
             at the hands of the respondent police for the offence punishable under
             Section 498(A) of I.P.C., in Crime No.Not Known of 2024, on the file of
             the respondent police, seek anticipatory bail.                       
                  2. The case of the prosecution is that the de facto complainant is
             none other than the wife of the first petitioner and in-law of the second to
             fourth petitioners. The de facto complainant is taking treatment for brain
             ____________                                                         
             Page No.2 of 5                                                       
  https://www.mhc.tn.gov.in/judis                                                 

                                                 Crl.O.P.(MD) No.7952 of 2024     
             tumor. The de facto complainant lodged a complaint against the       
             petitioners before the Superintendent of Police, Theni which was     
             forwarded to the respondent police for enquiry.                      
                  3. The learned counsel appearing for the petitioners would submit
             that the petitioners are innocents and they have not committed any   
             offence. He would further submit that based on the complaint of the de
             facto complainant, there is a possibility of arresting the petitioners.
             Hence, he would seek anticipatory bail to the petitioners.           
                  4. The learned Government Advocate (Criminal Side) appearing    
             for the respondent police would submit that based on the complaint of
             the de facto complainant, enquiry is going to be conducted and no FIR is
             registered till now.                                                 
                  5. Recording the same, the petitioners are directed to co-operate
             with the enquiry before the respondent police. The respondent police is
             directed not to arrest the petitioners till the completion of the enquiry.
             ____________                                                         
             Page No.3 of 5                                                       
  https://www.mhc.tn.gov.in/judis                                                 

                                                 Crl.O.P.(MD) No.7952 of 2024     
                  6. Accordingly, this Criminal Original Petition is closed.      
                                                         (L V G J)                
                                                         30.05.2024               
             JEN                                                                  
             TO                                                                   
             1.The Inspector of Police,                                           
              All Women Police Station,                                           
              Bodinayakkanur,                                                     
              Theni District.                                                     
             2.The Additional Public Prosecutor,                                  
              Madurai Bench of Madras High Court,                                 
              Madurai.                                                            
             ____________                                                         
             Page No.4 of 5                                                       
  https://www.mhc.tn.gov.in/judis                                                 

                                                 Crl.O.P.(MD) No.7952 of 2024     
                                                L.VICTORIA   GOWRI,  J.           
                                                                   JEN            
                                                                Order in          
                                              Crl.O.P.(MD) No.7952 of 2024        
                                                        Date : 30.05.2024         
             ____________                                                         
             Page No.5 of 5                                                       
  https://www.mhc.tn.gov.in/judis