Sadiq Basha, Aged 48 Years, v. State By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Fifth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr Justice N. AUTHINATHAN CRIMINAL ORIGINAL PETITION No.20952 of 2017 1 SADIQ BASHA [ PETITIONERS / ACCUSED ] 2 ASIYA BEGUM Vs STATE BY, [ RESPONDENT ] THE SUB-INSPECTOR OF POLICE, B2, ESPLANADE POLICE STATION, CHENNAI.

CR.NO.841 OF 2017 For Petitioner : M/S.S.JAYAKUMAR Advocate For Respondent : MR. R.SEKAR, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners seeks bail for the offences punishable under Sections 420 and 506[i] of IPC.

2. According to the prosecution, totally there are three accused, the first petitioner / A-1 is the husband of the second petitioner / A-2, A-3 is their daughter, said to be a student. The allegation against the petitioners is that, on the promise of getting Government Jobs, the petitioners had asked the de facto complainant to collect money from the job aspirants and a total sum of Rs.19,54,000/- were collected by the de facto complainant and handed over to them. However, they have not secured jobs as promised and when the de facto complainant demanded the money back, he was criminally intimidated, resulting in the registration of the case.

3. The learned counsel appearing for the petitioners would submit that there is a property dispute between the second petitioner and her sister-in-law and she instigated the de facto complainant to file the present complaint. He would further submit that the second petitioner is running several educational institutions and she never indulge any such activities. He would also submit that the petitioners have been in custody since 24.08.2017 and they may be released on bail.

4. The learned Government Advocate [Criminal Side] opposed the petition stating the alleged amount has not been recovered and the third accused has to be secured.

5. Having regard to the nature of allegations and that the second petitioner is a woman and there is no fear that the petitioners will flee from justice because they are running several educational institutions, I am inclined to grant bail to the petitioners, subject to the following conditions:-. i) Each 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 learned VII Metropolitan Magistrate, George Town, Chennai;

ii) The petitioners shall report before the respondent police once in a week i.e. on every Monday at 10.30a.m. until further orders.

-sd/- 05/10/2017 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 METROPOLITAN MAGISTRATE, NO.VII, GEORGE TOWN, CHENNAI.

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE SUB-INSPECTOR OF POLICE, B2, ESPLANADE POLICE STATION, CHENNAI.

5 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL.

6 THE SUPERINTENDENT, CENTRAL PRISON FOR WOMEN, PUZHAL.

+1CC to M/S.S.JAYAKUMAR Advocate on payment of necessary charges SR NO.18882 CRL OP.20952/2017 Date :05/10/2017 MK:05/10/2017