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Madras High CourtCRL OP/25670/2021granted

Basheer v. State Rep By

2022-01-03Honourable Mrs Justice T.V.Thamilselvi3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.01.2022

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI Crl.O.P.No.25670 of 2021 Basheer

...Petitioner

Versus

State rep by The Inspector of Police G1, Police Station, Town West, Udhagamandalam, Nilgiris.

(Crime No.227 of 2021)

...Respondent

PRAYER: Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioner on bail in the event of his arrest in Crime No.227 of 2021 pending investigation on the file of the respondent police.

For Petitioner : Mr.S.Xavier Felix For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 294(b), 327, 506(i) of IPC r/w Sec 4 of Tamilnadu Women Harassment Act, in Crime No.227 of 2021, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant is the neighbour of the petitioner house, who is the Sub-Inspector, Traffic Police, Ooty. Further, the petitioner has tortured the defacto complainant and insisted her to convert her property in his daughter's name and assaulted her. Hence, the complaint. 3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor submitted that the petitioner has tortured the defacto complainant and insisted her to convert her property in his daughter's name and assaulted her. He further submitted that the petitioner was suspended from his service. Hence, he vehemently opposed for grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also the fact that the petitioner was suspended from his service and he released on bail, there is no abscond, 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 (15) days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier, before the learned Judicial Magistrate, Nilgiris, 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 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 Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioner shall stay at Dharmapuri for a period of two months and report before the respondent police on every Sunday at 10.30 a.m., until further orders.

(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]; and;

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

-sd/- 03/01/2022 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 JUDICIAL MAGISTRATE, NILGIRIS 2 THE CHIEF JUDICIAL MAGISTRATE NILGIRIS(FOR INFORMATION) 3 THE INSPECTOR OF POLICE, G1, POLICE STATION,TOWN WEST, UDHAGAMANDALAM, NILGIRIS.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. S.XAVIER FELIX Advocate on payment of necessary charges Sr.41 CRL OP.25670/2021 Date :03/01/2022 RVR 06/01/2022