Shuaib v. The Inspector Of Police
G.K.ILANTHIRAIYAN, J.
The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(a), 354, 509 and 506(ii) of IPC in Crime No.81 of 2022, seeks anticipatory bail.
2. The case of the prosecution is that the defacto complainant is a power agent of one Abibu Rahmane, the said Abibu Rahmane family having French Citizenship and Indian Citizenship, they were looking for a bride at his home town for his son namely Irshath Ali, thereafter the said Irshath Ali engaged with one Sheeba Shabrin daughter of Abdul Hameed (A1 herein), subsequently on 07.08.2019 their marriage was solemnised as per the Muslim customs and rites. While they make arrangements for take Sheeba Shabrin to French within 30 days from the marriage. On 15.11.2019, this petitioner called the said Abibu Rahmane and stated that immediately send back Sheeba Shabrin to her parent home otherwise she would commit suicide for which your family members become liable for
the same, also threatened to face the consequences. Thereafter, the said Abdul Hameed (A1) scolded them in filthy language and threatened the family members of Abibu Rahmane through cell phone call and whatsapp chat messages. Hence, the complaint.
3. The learned counsel for the petitioner would submit that the petitioner has been falsely implicated in this case and the petitioner is no way connected with the said offence. He further submitted that the petitioner is an innocent person and he has nothing to do with the alleged offence. Therefore, he prays to grant anticipatory bail to the petitioner.
4. The learned Additional Public Prosecutor submitted that the petitioner along with another accused demanded some amount and abuse her with filthy language and threatened her. However, he vehemently opposed to grant anticipatory bail to the petitioner.
5. Considering the above facts and circumstances of the case, this
Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
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 on which the order copy made ready, before the learned Judicial Magistrate Court-I, Alandur, 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 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. [b] the petitioner shall report before the respondent police daily at 10.30 a.m. for a period of two weeks 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].
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
13.07.2022 ata G.K.ILANTHIRAIYAN, J.
ata
13.07.2022