Hajira Beevi v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.01.2022
CORAM
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI Crl.O.P.No.1384 of 2022 Hajira Beevi .. Petitioner Vs.
State Rep.by The Inspector of Police, Tambaram Police Station Tambaram Crime No.725 of 2021 .. Respondent PRAYER: Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioner on bail in the event of arrest in connection with the Crime No.725 of 2021 on the file of respondent.
For Petitioner : Mr.G.Mohammed Aseef For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 294(b), 387, 417, 420 and 506(ii) of IPC, in Crime No.725 of 2021 pending on the file of the respondent police, seeks anticipatory bail.
2.`The case of the prosecution is that the defacto complainant approached one Fathima(A1) for reconciliation with her deserted husband and for that the above mentioned Fathima received Rs.4,50,000/- for doing black magic process. When the defacto complainant realized that she got cheated by the Fathima, she approached her and sought for repayment of money. On 16.09.2021 about 10.00. the above mentioned Fathima along with other accused persons including this petitioner had trespassed into the house of the defacto complainant and threatened her with dire consequences. Hence, the complaint.
3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution. He further submitted that co-accused had already been released on bail. The learned counsel, on instructions, would further submit that the petitioner, without prejudice to her rights, is ready to deposit the amount of Rs.50,000/- to the credit of the crime number. Hence, he prays for grant of anticipatory bail to the petitioner.
4. The learned Additional Public Prosecutor appearing for the respondent submitted that the petitioner along with other accused persons had received the money from the defacto complainant and cheated her. He further submitted that the investigation is almost completed. However, he vehemently opposed to grant anticipatory bail to the petitioner.
5. Considering the facts and circumstances of the case and also the fact that the investigation is almost completed and the petitioner is ready and willing to deposit a sum of Rs.50,000/- to the credit of crime number, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is directed to deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) to the credit of Crime No.725 of 2021, within a period of two weeks from the date on which the order copy made ready, and on such deposit the petitioner is ordered to be released on bail in the event of arrest or on her appearance, before the learned Judicial Magistrate-1, Tambaram, on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: (a) the petitioner shall deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) to the credit of Cr.No.725 of 2021 before the learned Judicial Magistrate-I, Tambaram, within a period of fifteen
(15) days from the date on which, the order copy was made ready. [b] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
[c] the petitioner is directed to appear before the respondent police as and when required for interrogation. .
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioner shall not abscond either during investigation or trial.
[f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
-sd/- 24/01/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE JUDICIAL MAGISTRATE-I, TAMBARAM.
2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, TAMBARAM POLICE STATION, TAMBARAM.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1CC to M/S G.MOHAMMED ASEEF Advocate on payment of necessary charges SR.No.1121 CRL OP.1384/2022 Date :24/01/2022 CSK 02/02/2022