Hasina Begam Kaleel v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twenty Third day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.6664 of 2022 1 HASINA BEGAM KALEEL [ PETITIONERS/ ACCUSED ] 2 K.M.RAZAAK Vs THE INSPECTOR OF POLICE [ RESPONDENT ] ALL WOMEN POLICE STATION(AWPS)-NAMAKKAL, NAMAKKAL DISTRICT.

(CRIME NO.11 OF 2022) For Petitioner : M/S.BALAJI SANKARA MOORTHY Advocate For Respondent : MR.S.SANTHOSH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 376, 417, 312, 506(I) of IPC and 4 of Dowry Prohibition Act, 1961 in Crime No.11 of 2022, on the file of the respondent police, seek anticipatory bail.

2. According to the prosecution, the de-facto complainant who had affair with the son of the petitioners herein for more than two years, the de-facto complainant informed the petitioners in the year 2019 and at that time they demanded dowry to solemnize the marriage and also further allegations is that, due to intimacy with the son of the petitioners, she was conceived and she was forced to abort. Though, the occurrence had took place in the year 2019, a complaint on sexual harassment and others made in the year 2021 and on perusal of the F.I.R., it indicates that the overtact of these petitioners, who are the parents of the first accused is that they demanded the dowry to solemnize the marriage to the de-facto complainant.

3.

In view of the above, the custodial interrogation of the petitioners is not required, hence, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 4.

Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned Additional Mahila Court- Namakkal, on condition that each of the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand Only), with two sureties, each for a like sum to the satisfaction of the learned Magistrate, failing which the anticipatory bail shall stand canceled and on further condition that:

(a) the petitioners and the sureties shall affix their 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 petitioners shall report before the Investigation Officer as and when required for interrogation; (c) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(d) the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 abscond, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 23/03/2022 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 ADDITIONAL MAHIL COURT, NAMAKKAL.

2 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION (AWPS)-NAMAKKAL, NAMAKKAL DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.BALAJI SANKARA MOORTHY Advocate on payment of necessary charges SR.No.4472 CRL OP.6664/2022 Date :23/03/2022 CSK 29/03/2022