Mohamed Javeed Haneef v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Fifth day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.9304 of 2022 MOHAMED JAVEED HANEEF [ PETITIONER / ACCUSED ] Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, W-32, ALL WOMEN POLICE STATION, MADIPAKKAM, CHENNAI.

(CR.NO.5 OF 2021) For Petitioner : NO APPEARANCE 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 petitioner herein apprehending arrest by the respondent police for the offence under Sections 498-A, 406 of IPC and Section 4 of TN Prohibition of Harassment of Women Act 2002 and altered into Section 4 of Dowry Prohibition Act, 1961 and Section 4 of the Muslim Women (Protection of Rights of Marriage) Act 2019 in Crime No.5 of 2021 seeks anticipatory bail.

2. The petitioner herein is the husband of the defacto complainant apprehending arrest by the respondent police on the complaint given by the defacto complainant alleging that the Dowry harassment and cheating.

3.From the pleadings of the petition this Court finds that already the petitioner has initiated a legal proceedings for declaring the talaq issued by him as legally valid and bound upon the defacto complainant. The suit is pending from the year August 2020, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

4. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on her appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned Additional Mahila, Judicial Magistrate, Alandur, on condition that the petitioner shall execute a bond for a sum of Rs.50,000/-(Rupees Fifty Thousand Only),with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that:

(a) if the petitioner failed to surrender before the concerned Magistrate within a period of 7 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b) the petitioner 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;

(c) the petitioner shall report before respondent police as and when required for investigation;

(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 is 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 (g) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 25/04/2022 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 MAHILA JUDICIAL MAGISTRATE,ALANDUR.

2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, W-32, ALL WOMEN POLICE STATION, MADIPAKKAM, CHENNAI.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. P.SYED ABDUL MASHOOD Advocate on payment of necessary charges CRL OP.9304/2022 Date :25/04/2022 CSK 04/05/2022