IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction )

Friday, the Twenty Ninth day of April Two Thousand Twenty Two

PRESENT

The Hon`ble Dr Justice G. JAYACHANDRAN

CRIMINAL ORIGINAL PETITION No.10088 of 2022

1 SHAIK ADUL KADER [ PETITIONERS / ACCUSED ]

2 SIHABUDEEN ABDUL HAMEED

Vs

THE STATE REP.BY [ RESPONDENT ]

INSPECTOR OF POLICE,

ALL WOMEN POLICE STATION,

TIRUVARUR.

CRIME NO.6 OF 2020.

For Petitioners : M/S.B.JAWAHAR Advocate

For Respondent : MR.S.SANTHOSH, Govt. Advocate (Crl. Side)

PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

ORDER : The Court Made the following order :-

The petitioners/A4 & A5, who apprehend arrest at the hands of the

respondent police for the offences punishable under Sections 498(A) of

IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women

Act, 2002 in Crime No.6 of 2020 on the file of the respondent police,

seek anticipatory bail.

2.The case of the prosecution is that the complaint against the

petitioners regarding dowry harassment is made by Sulthana Sirin, the

defacto complainant. The petitioners are close relatives of the

defacto complainant's husband Shahul Hameed.

3.The learned counsel appearing for the petitioners submitted

that the petitioners and the defacto complainant tried to Mediate

their problem through Jamath. However, they have been arrayed as

accused in this case.

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4.Considering the facts and circumstances of the case, this

Court is inclined to grant anticipatory bail to the petitioners.

5.Accordingly, the petitioners are ordered to be released on

anticipatory bail in the event of arrest or on their appearance,

within a period of seven days from the date of receipt of a copy of

this order, before the learned Judicial Magistrate, Tiruvarur, on

condition that each of the petitioners shall execute a bond for a sum

of Rs.25,000/- (Rupees Twenty Five Thousand Only)each, with two

sureties each for a like sum to the satisfaction of the learned

Magistrate concerned, failing which the anticipatory bail shall stand

cancelled and on further condition that:

(a)if the petitioners failed to surrender before the concerned

Magistrate within a period of 7 days from the date of receipt of a

copy of this order, this order shall stand automatically cancelled;

(b) 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;

(c) the petitioners shall report before the Investigation Officer

daily at 10.00 a.m for a period of 30 days from the date of receipt of

a copy of this order;

(d)the petitioners shall not tamper with evidence or witness

either during investigation or trial;

(e)the petitioners shall not abscond either during investigation

or trial;

(f)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;

(g) if the accused thereafter absconds, a fresh FIR can be

registered under Section 229-A IPC.

-sd/-

29/04/2022

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.

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TO

1 THE JUDICIAL MAGISTRATE,

TIRUVARUR

2