Abdul Majeed v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Tuesday, the Eighth day of February Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice R. PONGIAPPAN CRIMINAL ORIGINAL PETITION No.2909 of 2022 ABDUL MAJEED [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ANAMALAI POLICE STATION, COIMBAORE DISTRICT.
CRIME NO.101 OF 2022 For Petitioner : M/S.P.KALIMUTHU Advocate For Respondent : MR.S.S.SANTHOSH, Govt. Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offences under section 294(b), 324 and 506 (2) IPC & 4 of TN Prohibition of Harassment of Women Act 2002 in Crime No.101 of 2022, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that when the defacto complainant came to petitioner's house in respect to the repayment of the borrowed amount, there was a wordy quarrel arose between the petitioner and the defacto complainant. In which, the petitioner abused and harassed the defacto complainant and assaulted her with deadly weapon. Hence, the complaint was registered by the Law Enforcing Agency.
3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any such offences as alleged by the prosecution. He further submitted that he has been falsely implicated in this case and the defacto complainant sustained only simple injuries. Hence, he prays for grant of anticipatory bail to the petitioner.
4.The learned Government Advocate (Criminal Side) appearing for the respondent submits that the injured person has been discharged from the hospital. However, he opposed for grant of anticipatory bail to the petitioner.
5. Considering the fact that the injured person has been discharged from the hospital, custodial interrogation is not necessary in this case. Hence, this Court is inclined to grant anticipatory bail to the petitioner.
6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.1, Pollachi, 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 and on further condition that:
(a) the petitioner and the sureties shall affix his photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
(b) the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of thirty days and thereafter as and when required for interrogation.
(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(d)the petitioner shall not abscond either during investigation or trial;
(e) 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]; and;
(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 08/02/2022 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, NO.I, POLLACHI.
2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE [FOR INFORMATION].
3 THE INSPECTOR OF POLICE, ANAMALAI POLICE STATION, COIMBAORE DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.P.KALIMUTHU Advocate on payment of necessary charges CRL OP.2909/2022 Date :08/02/2022 JPA 16/02/2022