Allowed

Ferose Khan v. the State represented by

Madras HC6 Dec 2024CRL OP/29655/2024

Case brief

AI extract

What is this about?

The court granted anticipatory bail to the petitioner facing charges under IPC sections 498A, 323, 342, and 294(b). The petitioner claimed false implication due to a matrimonial dispute. The court imposed conditions including surrender within 15 days, bond execution, and regular police reporting.

What did the court decide?

Anticipatory bail granted subject to surrender within 15 days, bond execution, and daily police reporting.

Ferose Khan Vs the State represented by — Dowry and Cruelty | Madras HC (2024)

¶1

Crl.O.P.No.29655 of 2024

¶2

Crl.O.P.No.29655 of 2024

¶3

A.D.JAGADISH CHANDIRA , J.

¶4

Apprehending arrest in connection with Crime No.263 of 2024 registered for the offences punishable under Section 294 (b), 323, 342 & 498A of IPC, the present petition has been filed seeking anticipatory bail.

¶5

Pleading innocence on the part of the petitioner, false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. Learned counsel for the petitioner would submit that due to matrimonial dispute, a false complaint has been lodged. He would further submit that the petitioner is an innocent and he has been unnecessarily implicated in this case. He further submits that the petitioner is ready to abide by any stringent condition that may be imposed by this Court.

¶6

3.The case of the prosecution as putforth by the learned Government Advocate (Crl. Side) appearing for the respondent Police, opposing for grant of anticipatory bail, is that the marriage between the petitioner and the defacto complainant was solemnized on 19.08.2020 at Coimbatore. Due to

¶7

Page No.1 of 4

¶8

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

¶9

Crl.O.P.No.29655 of 2024

¶10

misunderstanding, there is a wordy quarrel between the petitioner and the defacto complainant and he harassed the defacto complainant and demanded more dowry.

¶11

Having heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions and accordingly, he is ordered to be released on bail in the event of arrest or on his appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.7, Coimbatore, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 said Magistrate, on further condition that:

¶12

[a] if the petitioner fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;

¶13

[b] the petitioner shall report before the respondent

¶14

Page No.2 of 4

¶15

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

¶16

Crl.O.P.No.29655 of 2024

¶17

Police daily at 10.30 a.m for a period of two weeks and thereafter on every Saturday at 10.30 a.m., until further orders.

¶18

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

¶19

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

¶20

[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];

¶21

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

06.12.2024

Page No.3 of 4

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

¶26

Crl.O.P.No.29655 of 2024

¶27

A.D.JAGADISH CHANDIRA, J.

¶28

¶29

Crl.O.P.No.29655 of 2024

¶30

06.12.2024

¶31

Page No.4 of 4

¶32

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

Ferose Khan v. the State represented by

Case brief

What is this about?

What did the court decide?

Ferose Khan v. the State represented by

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Prema Vs the State Rep by

Sathyaseelan@Siva Vs State Rep by Its

R Bharanidharan Vs the State Rep by Its

Karamala Revanth Kumar Vs the State Rep.by Its

Xxxx Vs State, Rep. by

Gautami Tadimalla Vs Ramesh Sankar