Allowed

Assen @ Hassen @ Hasen v. the State Rep by

Madras HC1 Feb 2024CRL OP/1156/2024

Case brief

AI extract

What is this about?

Bail petition by the first accused in a dowry harassment and criminal breach of trust case. He undertook to redeem pledged jewels within 30 days and pay Rs.20,000 monthly maintenance for his child. Bail was granted with conditions including daily police reporting.

What did the court decide?

Petitioner released on bail on bond of Rs.10,000 with two sureties, subject to conditions including redemption of pledged jewels within 30 days and payment of Rs.20,000 per month maintenance for the c

Assen @ Hassen @ Hasen Vs the State Rep by — Dowry and Cruelty | Madras HC (2024)

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Crl.O.P.No.1156 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 01.02.2024

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CORAM

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THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN

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Crl.O.P.No.1156 of 2024

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Assen @ Hassen @ Hasen

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...Petitioner/Accused-1

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Vs.

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State represented by The Sub Inspector of Police, W-5, Selaiyur All Women Police Station.

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(Crime No.21 of 2023) ...Respondent

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PRAYER:

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Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail concerned in Crime No.21 of 2023 on the file of the respondent police on such terms and conditions.

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For Petitioner : Mr.N.Siva For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side)

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For Intervenor : Mr.K.Thenrajan

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Crl.O.P.No.1156 of 2024

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ORDER

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The petitioner/A1 in Crime No.21 of 2023, registered by the respondent police for the offences under Sections 498(A) and 406 of IPC r/w Section 4 of Dowry Prohibition Act. The petitioner had been remanded to custody on 20.12.2023.

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2.It is the case of the prosecution that the defacto complainant, wife of the petitioner had stated that they had got married on 15.04.2018 and there is also a female child born to them. It is stated that the accused had forced the defacto complainant to get 30 sovereigns of gold jewellery and he had pledged the same with Indian Bank at Thurinjipatti Branch. It is also stated that there was continuous demand of dowry necessitating lodging of complaint. The defacto complainant had also filed D.V.C.No.38 of 2021 which is pending before the Judicial Magistrate cum Additional Mahila Court, Alandur and orders had also been passed on 31.03.2023.

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3.The defacto complainant had filed intervening application and is also represented by a learned counsel.

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Crl.O.P.No.1156 of 2024

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4.The learned counsel for the petitioner had filed an affidavit

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wherein it had been stated that the loan amount of the jewels which have been pledged with aforementioned Bank would be settled by the petitioner within a period of 30 days and jewels pledged would be handed over to the defacto complainant.

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5.It is also stated that the petitioner is prepared to pay maintenance for the child and the amount is determined as Rs.20,000/- per month. The amount can always be altered by any competent Court, if ever any issue of maintenance is put to test. But, the petitioner must pay maintenance of Rs.20,000/- per month till the same is interfered with any competent Court.

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6.Taking into consideration all these factors, I am inclined to grant bail to the petitioner subject to the following conditions:

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7.Accordingly, the petitioner is ordered to be released on bail on condition to 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 Judicial Magistrate, Additional Mahila Court at Alandur, and on further conditions that: -

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Crl.O.P.No.1156 of 2024

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[a] the sureties shall affix their photographs and Left Thumb

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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 petitioner shall report before the respondent police everyday at 10.30 a.m., until further orders.

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[c] the petitioner shall redeem the pledged jewels within a period of 30 days from the date of release and hand over the same which had been redeemed to the defacto complainant.

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[d] the petitioner shall pay maintenance of Rs.20,000/- per month for the child on or before 10^th of every succeeding month of English calender, directly to the credit of Crime No.21 of 2023. on such payment the Judicial Magistrate, Alandur, may hand it over to the defacto complainant on proper identification.

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[e] the petitioner shall not abscond either during investigation or

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trial.

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[f] the petitioner shall not tamper with evidence or witness either

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during investigation or trial.

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Crl.O.P.No.1156 of 2024

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[g] On breach of any of the aforesaid conditions, the learned

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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 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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[h] If the accused thereafter absconds, a fresh FIR can be registered

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under Section 229A IPC.

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8.A direction is given to the learned Judicial Magistrate, Additional

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Mahila Court, Alandur, to monitor the redemption of the jewels and handing the same over to the defacto complainant and also the payment of maintenance of Rs.20,000/- per month continously till the same is set aside or modified by any competent Court.

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01.02.2024

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ata

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Crl.O.P.No.1156 of 2024

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The Judicial Magistrate, Additional Mahila Court, Alandur.

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The Sub-jail, Chengalpattu.

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3.The Sub Inspector of Police, W-5, Selaiyur All Women Police Station.

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4.The Public Prosecutor, High Court of Madras.

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Crl.O.P.No.1156 of 2024

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C.V.KARTHIKEYAN. J. ata

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Crl.O.P.No.1156 of 2024

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01.02.2024

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Assen @ Hassen @ Hasen v. the State Rep by

Case brief

What is this about?

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Assen @ Hassen @ Hasen v. the State Rep by

Case brief

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