N.Z.Abithammal v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.01.2022
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.25755 of 2021
1. N.Z.Abithammal
2. Mohamed Buhari Younus ... Petitioners Vs.
State represented by The Inspector of Police E1 Mylapore Police Station, Mylapore, Chennai - 600 004.
Crime No.1195 of 2021 ... Respondent Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., praying to enlarge the petitioners on bail in the event of his arrest by the respondent police in Cr.No.1195 of 2021 on the file of the respondent police.
For Petitioners : Mr.D.Alexis Sudhakar For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor
ORDER
(This case has been heard through video conference) The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 457,294(b), 323 IPC R/W section 4 of Prohibition of harassment of Women act, 2002, in Crime No.1195 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 sister of A1 and the A2 is the husband of A1. It is alleged that the defacto complainant is in possession of 1st floor and the petitioner along with her aged mother resides in the ground floor of the same roof. It is alleged that the defacto complainant wanted to curb the entire property, due which the petitioners along with rowdy
elements entered the defacto complainant's house and threatened her with dire consequences. Hence, the defacto complainant lodged a complaint before the Law Enforcing Agency.
3. The learned counsel appearing for the petitioners submits that the petitioners are innocent person and they have not committed any offence as alleged by the prosecution. He further submits that Civil suit is pending before Hon'ble XVIII Assistant Judge in O.S.No.3462 of 2016 regarding this dispute. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Additional Public Prosecutor appearing for the respondent submits that investigation almost completed and further the defacto complainant sustained no injuries. However, he opposed for grant of anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with a condition that the petitioners should not disturb the defacto complainant's possession of the property.
6.Accordingly, the petitioners are 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 XXIIMM Egmore 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 report before the respondent police 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 has been imposed and the
petitioners 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;
[f] if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC;
-sd/- 10/01/2022 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 METROPOLITAN MAGISTRATE, NO.XXII, EGMORE.
2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATION].
3 THE INSPECTOR OF POLICE, E1 MYLAPORE POLICE STATION, MYLAPORE, CHENNAI-600 004 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S D.ALEXIS SUDHAKAR Advocate on payment of necessary charges SR.NO.450 CRL OP.25755/2021 Date :10/01/2022 JPA 20/01/2022