Allowed

Sabir Shariff v. the State Rep by Its

Madras HC8 May 2024CRL OP/11374/2024

Case brief

AI extract

What is this about?

Petitioners sought anticipatory bail in a case arising from a wordy quarrel in which they allegedly abused and threatened the defacto complainant's family. The court granted anticipatory bail subject to conditions including a Rs.10,000 bond with two sureties each and daily police reporting for two weeks.

What did the court decide?

Anticipatory bail granted with conditions: Rs.10,000 bond with two sureties each, daily reporting at 10.30 a.m. for two weeks, no tampering with evidence/witnesses, no absconding.

Sabir Shariff Vs the State Rep by Its — Anticipatory Bail | Madras HC (2024)

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Crl.O.P.No.11374 of 2024

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Crl.O.P.No.11374 of 2024

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K.KUMARESH BABU., J.

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The petitioners herein seek anticipatory bail in Crime No.179 of 2024 registered by the respondent Police for the offences under Sections 294(b), 323 & 506(i) of IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act.

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The learned counsel for the petitioners stated that the petitioners

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have been falsely implicated as an accused in this case. He is innocent. Thus, he seeks anticipatory bail to the petitioners.

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Learned Government Advocate (Crl.Side) submitted that there

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was a wordy quarrel arose between the petitioners' family and the defacto complainant's family. Therefore, petitioners herein with other accused had abused and threatened the defacto complainant and his family in filthy language. Thus, he prays for dismissal of this petition.

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https://www.mhc.tn.gov.in/judis 1/4

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Crl.O.P.No.11374 of 2024

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Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

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5.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Vellore, on condition that the petitioners 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 respondent police or the police officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

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[b] the petitioners shall report before the respondent police everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation.

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https://www.mhc.tn.gov.in/judis 2/4

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Crl.O.P.No.11374 of 2024

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[c] the petitioners shall not tamper with evidence or witness either during investigation or trial;

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[d] the petitioners shall not abscond either during investigation or trial;

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

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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC;

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08.05.2024

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shr

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https://www.mhc.tn.gov.in/judis 3/4

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Crl.O.P.No.11374 of 2024

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K.KUMARESH BABU., J.

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shr

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Crl.O.P.No.11374 of 2024

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08.05.2024

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https://www.mhc.tn.gov.in/judis 4/4

Sabir Shariff v. the State Rep by Its

Case brief

What is this about?

What did the court decide?

Sabir Shariff v. the State Rep by Its

Case brief

What is this about?

What did the court decide?

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