Mohamed Meeran Sahib v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10.05.2023 PRESENT The Hon`ble Mrs.Justice R.KALAIMATHI Mohamed Meeran Sahib ... Petitioner/ Accused Vs The State represented by The Inspector of Police, Keelakkarai Police Station, Ramanathapuram District.

(Crime No.66 of 2023) ... Respondent/Complainant For Petitioner : Mr.J.Vishnu, Advocate.

For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl. Side).

PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.66 of 2023 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 146, 294(b), 323, 324, 506(2) and 379(NH) IPC r/w Section 4 of Tamil Nadu Prohibition of Women Harassment Act, in Crime No.66 of 2023, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to family dispute, the petitioner attacked the defacto complainant, abused her in filthy language and also threatened her with dire consequences and at the time of wordy quarrel, the defacto complainant's motherin-law gold chain missed. Hence, the complaint.

3. Heard both sides and perused the materials available on record including the First Information Report. 1/3

4. Taking into consideration the facts and circumstances of the case and also the fact that the injured has already been discharged from the hospital and also the fact that the petitioner is not having any previous case, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions:

5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Additional Mahila Court, Ramanathapuram District, 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 learned Magistrate concerned and on further conditions that:

[a]the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity.

[b]the petitioner 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 petitioner shall not tamper with the 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 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]. [f]If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 10/05/2023 / TRUE COPY / /05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

CSM 2/3

TO

1. The Additional Mahila Court, Ramanathapuram District.

2. The Inspector of Police, Keelakarai Police Station, Ramanathapuram District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN Date : 10.05.2023 NA/BUC/SAR-3/12.05.2023/3P/4C 3/3