Allowed

Naina Mohammed v. The Inspector of Police

Madras HC16 Sept 2021CRL OP(MD)/1315/2021

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court granted anticipatory bail to ten petitioners accused of offences under IPC and the Wakf Act. The Court noted that the dispute regarding property charge, initially mediated, was amicably settled. Bail was granted subject to reporting, surety bonds, and specific conduct conditions.

What did the court decide?

Petition allowed; petitioners released on bail contingent upon arrest or appearance within 15 days, subject to bond execution, reporting, and conduct conditions.

Naina Mohammed Vs The Inspector of Police — Bail and Remand | Madras HC (2021)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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( Criminal Jurisdiction )

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Date : 16/09/2021

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PRESENT

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The Hon`ble Mr.Justice B.PUGALENDHI

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CRL OP(MD).No.1315 of 2021

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Naina Mohammed 2. Jabar Ali 3. Thajudeen Ahamed 4. Samsudeen 5. Sikkanthar Batcha 6. Nalla Mohammad 7. Sheik Maideen 8. Kaleel Ahamed 9. Liyakath Ali 10. Syed Majeed 11. Mohammed Sikkandar ... Petitioners/Accused (Rank Not Known) Vs State rep.by The Inspector of Police, District Crime Branch, Virudhunagar District. (Crime No.11 of 2020). ... Respondent/Complainant For Petitioners : M/s.Gandhi.R, Advocate. For Respondent : M/s.P.Kottai Chamy, Government Advocate (Crl.Side) For Intervenor : M/s.S.A.Ajmalkhan, Advocate

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

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PRAYER :-

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For Anticipatory Bail in Crime No.11 of 2020 on the file of the Respondent Police. https://hcservices.ecourts.gov.in/hcservices/

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ORDER : The Court made the following order :-

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The petitioners/accused, apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 406, 409, 420 of IPC and Section 52A, 61(c)(e)(f)(h) of Wakf Act 1995, in Crime No.11 of 2020 on the file of the respondent police, seek anticipatory bail.

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Since the dispute was among Jamath members in handing over the charge, this Court, by order dated 18.08.2021 referred the matter to the mediation and appointed the learned counsel Mr.N.Mohideen Basha as a mediator in this case.

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Today, when the matter is came up for hearing, the learned counsel appearing for the defacto complainant would submit that the on effective steps taken by the mediator, this matter has been amicably settled between the parties. This Court appreciates the effective steps taken by the mediator for amicably settling the matter.

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In view of the said submission, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

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5.Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court No.2, Virudhunagar, on condition that 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 and on further conditions that:

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(a)the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity;

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(b)the petitioners shall report before the respondent police as and when required;

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(c)the petitioners shall not tamper with the evidence or witness either during investigation or trial;

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(d)the petitioners shall not abscond either during investigation or trial; https://hcservices.ecourts.gov.in/hcservices/

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(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 themselves as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

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(f)if the accused/ petitioners thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

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Sd/-

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16/09/2021

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/ TRUE COPY /

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/ /2021 Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023.

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AM/CSM

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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.

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