S.M.F.Shahul Hameed v. The State Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Tuesday, the Twenty Sixth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.19886 of 2021 1 S.M.F.SHAHUL HAMEED [ PETITIONERS / ACCUSED ] 2 MOHAMED FAROOK Vs THE STATE REPRESENTED BY [ RESPONDENT ] THE INSPECTOR OF POLICE, W-33, AWPS MADHAVARAM POLICE STATION, CHENNAI.
UNKNOWN CRIME NUMBER OF 2021 For Petitioner : M/S. I.ABDULBASITH Advocate For Respondent : MR. C.E.PRATAP, 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 punishable under Section 498(A) of I.P.C, in Crime No.25 of 2021 seeks anticipatory bail. 2.The case of the prosecution is that the marriage of the first petitioner and the defacto complainant was performed in the year 2008 and blessed with two children. It is alleged that the petitioner's family harassed the defacto complainant and thereby committed cruelty. Based on the complaint lodged by the defacto complainant, the respondent police registered a case.
3.The learned counsel appearing for the petitioners submits that the petitioners did not committed any such offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl.Side) submit that investigation is pending. However, he opposed for grant of anticipatory bail to the petitioners.
5.Considering the facts and circumstances of the case and also considering the welfare of the children, this Court is inclined to grant anticipatory bail to the petitioners.
6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the The District Munsif Cum Judicial Magistrate Court, Madhavaram on condition that the petitioners 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 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 appear 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 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 absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 26/10/2021 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE COURT, MADHAVARAM.
2 THE CHIEF JUDICIAL MAGISTRATE, TIRUVALLUR DISTRICT (FOR INFORMATION).
3 THE INSPECTOR OF POLICE, W-33, AWPS MADHAVARAM POLICE STATION, CHENNAI.
4 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.
+1 CC to M/S. I.ABDULBASITH Advocate on payment of necessary charges SR.NO.11815 CRL OP.19886/2021 Date :26/10/2021 INBA-15/11/2021