Tajudeen v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07.03.2023 PRESENT The Hon'ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD).No.574 of 2022 1.Tajudeen 2.Sirajudeen 3.Nasurudeen 4.Meharaj 5.Idris ... Petitioners/Accused Nos.1 to 5 Vs.
1.The State represented by The Inspector of Police, All Women Police Station, Manapparai, Trichy District.
(Cr.No.7 of 2021) 2.Sahilabanu
...Respondents/Complainants
(R2 is suo-motu impleaded as per order, dated 12.01.2022 in Crl.O.P (MD)No.574 of 2022 by GIJ) For Petitioners : Mr.A.Joel Paul Anotny Advocate.
For R1 : Mr.R.M.Anbunithi Additional Public Prosecutor For R2 : Mr.P.Manoharan PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.7 of 2021 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners, who are arrayed as A1 to A5, apprehending arrest at the hands of the respondent police for the offences
punishable under sections 498(A), 294(b), 506(i) of IPC., on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the first petitioner is the husband of the de facto complainant. After marriage, the petitioners have demanded dowry and also harassed the defacto complainant. Hence, the case has been registered. 3.Heard both sides and perused the materials available on record.
4.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
5.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of two weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Manapparai, Trichy District, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) each with two common sureties for a like sum to the satisfaction of the respondent Police or to 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 Magistrate 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 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/petitioners thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.
sd/- 07/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE MANAPPARAI, TRICHY DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TRICHY.
3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, MANAPPARAI, TRICHY DISTRICT. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.JOEL PAUL ANTONY A Advocate SR.No.3546
ORDER
IN CRL OP(MD) No.574 of 2022 Date :07/03/2023 SS/SBN/SAR III/21/03/2023/3P/6C