Mubarak Nachiya v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 17.12.2021

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.24726 of 2021

1. Mubarak Nachiya

2. Jawaharnisha

3. Yosuf Nachiya ... Petitioners

Versus

State Rep by The Inspector of Police Koothanallur Police Station, Thiruvarur District.

(Crime No.496 of 2021) ... Respondent Prayer:-Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure seeking to enlarge the petitioners on anticipatory bail in the event of their arrest in Crime No.496 of 2021 pending investigation on the file of the respondent police. For Petitioners : M/s.Swami Subramanian For Respondent : Mr. A.Gokulakrishnan, Additional Public Prosecutor Order The petitioners, who apprehends arrest for the alleged offences under Sections 452, 294(b), 324, 380 and 506(ii) of IPC and in Section 4 of TNPHW Act in Cr.No.496 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that due to previous enmity regarding the sale agreement between the husband of the defacto complainant and the petitioners herein, the petitioners along with other persons of their family trespassed into the house of the defacto complainant and picked up quarrel with them and taken away 25 Sovereigns of gold from the defacto complainant's house. Hence, the defacto complainant lodged a complaint against the petitioners. 3.The learned counsel appearing for the petitioners submit that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. He

further submits that the co-accused persons have already been released on bail. Hence, the learned counsel prays to grant anticipatory bail to the petitioners.

4.The learned Additional Public Prosecutor submits that the petitioners herein have trespassed into the house of defacto complainant and taken away 25 Sovereigns of gold and also assaulted the defacto complainant and her family members. He further submits that the investigation is almost completed. Hence, he vehemently opposed for granting anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case and that the investigation is almost completed, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

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 learned Judicial Magistrate No.II, Mannargudi, Thiruvarur District, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each, 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 as and when required for interrogation;

(c)the petitioners should not disturb the defacto complainant from enjoying the property;

(d)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners released on anticipatory 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/- 17/12/2021 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 JUDICIAL MAGISTRATE, NO.II, MANNARGUDI, THIRUVARUR DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, KOOTHANALLUR POLICE STATION, THIRUVARUR DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.SWAMI SUBRAMANIAN Advocate on payment of necessary charges CRL OP.24726/2021 Date :17/12/2021 CSK 03/01/2022