Disposed

Saleem v. State Rep. by

Madras HC12 Sept 2024CRL OP/21877/2024

Case brief

AI extract

What is this about?

Regular bail sought in a matrimonial-dispute case involving allegations of abuse and assault under BNS, Tamil Nadu Prohibition of Women Harassment Act and IT Act. Considering the relationship between parties, no prior cases, and period of incarceration, the court granted bail on conditions including daily police reporting.

What did the court decide?

Petitioner ordered released on bail on executing bond of Rs.10,000 with two sureties, with conditions including daily police reporting for thirty days.

Saleem Vs State Rep. by — Dowry and Cruelty | Madras HC (2024)

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Crl.O.P.No.21877 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 12.09.2024

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CORAM

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THE HON'BLE MR. JUSTICE P.DHANABAL

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Crl.O.P.No.21877 of 2024

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Saleem ...Petitioner/1^st accused

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Vs.

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The State rep by Station House Officer, Manalurpet Police Station, Kallakurichi District ( Crime No.267 of 2024)

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...Respondent/Complainant

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PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S. Act, 2023, praying to enlarge the petitioner on bail in Crime No.267 of 2024 on the file of respondent police.

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For Petitioner : Mr.J. Agni Selvaraju

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For Respondent : Mr.S.Vinoth Kumar Government Advocate (Crl. Side)

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Crl.O.P.No.21877 of 2024

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O R D E R

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The petitioner, who was arrested and remanded to judicial custody

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on 13.08.2024 for the offences under Sections 296(b), 115(2), 351(3) of the Bharatiya Nyaya Sanhita 2023 and Section 4 of the Tamil Nadu Prohibition of Women Harassment Act and Section 67 of the Information Technology Act in Crime No.267 of 2024 on the file of the respondent police, seeks bail.

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The case of the prosecution is that due to a matrimonial dispute, a wordy quarrel arose between the petitioner and the defacto complainant. It is further alleged that the petitioner abused the defacto complainant with filthy language and assaulted her. Hence, the complaint.

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Learned counsel for the petitioner submitted that the petitioner is

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an innocent person, he has not committed any offence as alleged by the prosecution, and he has been falsely implicated in this case. He further submitted that the petitioner has been in custody since 13.08.2024 ; that he is a law-abiding citizen; that he is ready to furnish substantial sureties for his due release on bail; and therefore, he prays for the grant of bail to

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Crl.O.P.No.21877 of 2024

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the petitioner.

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Learned Government Advocate (Crl.Side) submitted that due to a matrimonial dispute, a wordy quarrel arose between the petitioner and the defacto complainant; that the petitioner abused the defacto complainant with filthy language and assaulted her; that there are no previous cases pending against the petitioner. However, he vehemently opposed the grant of bail to the petitioner.

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Heard both sides and perused the materials available on record.

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6. Considering the representation made by both sides, the nature of offences charged against the petitioner, the relationship between the petitioner and the defacto complainant, that there are no previous cases pending against the petitioner, and also taking into consideration the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions:

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Crl.O.P.No.21877 of 2024

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Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand

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only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Tirukoilur and on further conditions that:

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[a] the petitioner shall report before the respondent police daily at 10.30 a.m, for a period of thirty days, and thereafter, as and when required for the interrogation;

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[b] the petitioner shall attend in accordance with the conditions of the bond;

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[c] the Petitioner shall not commit any offences of similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;

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[d] the Petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence;

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[e] the Petitioner shall not abscond either during investigation or trial;

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[f] On breach of any of the aforesaid conditions, the learned Judicial 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

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Court himself 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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[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

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12.09.2024

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