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Madras High CourtCRL OP(MD)/2572/2021granted

Shaik Bathuruddeen v. The Inspector Of Police

2021-02-19Honourable Mr Justice M. Nirmal Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/02/2021 PRESENT The Hon'ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD). No.2572 of 2021

1. Shaik Bathuruddeen

2. Mohammed Mohideen ... Petitioners/A1 & A2 Vs The State Rep. by The Inspector of Police, Authoor Police Station, Authoor Post, Thoothukudi District.

Crime No.39/2021. ... Respondent/Complainant For Petitioners : Mr.Neelamegam.K., Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime no. 39 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under sections 147, 148, 294(b), 323 and 506(ii) of I.P.C. r/w. Section 4 of Tamil Nadu Prohibition of Harassment of Woman Act, in Crime No.39 of 2021 on the file of the respondent police, seek anticipatory bail.

3. The case of the prosecution is that the petitioner caught hold the defacto complainant's hand and abused her and also assaulted her due to family dispute. Hence, the present complaint.

4. The learned counsel for the petitioners submitted that the petitioners and the defacto complainant are relatives. There is a family dispute between them. Hence, a false case has been registered against them.

5. The learned Government Advocate (Crl. Side) submitted that injured person was discharged from the hospital.

6. In view of the above, I am inclined to grant anticipatory bail to the petitioners with certain conditions.

7. Accordingly, petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of two weeks from the date of receipt of a copy of this order, before the Judicial Magistrate, Tiruchendur, Thoothukudi 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 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 daily at 10.30 a.m for a period of two weeks and thereafter, 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 thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 19/02/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE JUDICIAL MAGISTRATE, TIRUCHENDUR, THOOTHUKUDI DISTRICT.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

3. THE INSPECTOR OF POLICE, AUTHOOR POLICE STATION, AUTHOOR POST, THOOTHUKUDI DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to Mr.K.NEELAMEGAM, Advocate ( SR-1267[I] dated 22/02/2021 )

ORDER

IN CRL OP(MD) No.2572 of 2021 Date :19/02/2021 IAS TE/PN/SAR-I : 24/02/2021 : 3P/6C