Naina Mohammed v. The State Of
CRL OP. 30534 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-12-2024
CORAM
THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI CRL OP. 30534 of 2024 NAINA MOHAMMED S/O AMANULLAH, P.O. BOX 35871 AL-JUBAIL, JUBAIL INDUSTRIAL CITY - 31961 KINDGOM OF SAUDI ARABIA PERMANENTLY RESIDING AT DOOR NO.5/102, KANDASAMYPURAM EXTENSION, UDMALAI ROAD, POLLACHI, COIMBATORE DISTRICT.
PETITIONER(S) Vs THE STATE OF INSPECTOR OF POLICE, ALL WOMEN POLICE STATION , POLLACHI, RESPONDENT(S) CRL OP. 30534 of 2024 For Petitioner(s):
T ARUL V. NANDA KUMAR T. SARAVANAN For Respondent(s):
PUBLIC PROSECUTOR
ORDER
This petition has been filed to enlarge the petitioner on bail in event of his arrest in crime No. 1 of 2022 pending on the file of the respondent police.
2. When the matter is taken up for hearing, the learned counsel for the petitioner submits that the Memorandum of Understanding (MOU) was executed between petitioner and the defacto complainant on 11.08.2023 to that effect he produced the copy of the MOU. As per MOU, the defacto complainant agreed to withdraw the case registered against the petitioner before AWPS, Pollachi, in Crime No.1 of 2022.
3. This Court perused MOU. As per MOU, the defacto complainant give consent to withdraw the case pending before AWPS, Pollachi, in Crime No. 1 of 2022. Considering the above, this Court is inclined to grant anticipatory bail to the petitioner with the following conditions. 4.Accordingly, the petitioner is 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.I, Pollachi, 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 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 report before the respondent police 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 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.
12-12-2024 pbl TO INSPECTOR OF POLICE, ALL WOMEN POLICE STATION , POLLACHI.