Sahul Hamithu vs The State Represented By
2023 Latest Caselaw 9018 Mad

                                                                        Criminal Original Petition No.16659 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 26.07.2023

                                                             CORAM

                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                          Criminal Original Petition No.16659 of 2023

                     Sahul Hamithu
                     S/o.Jainul Akbardeen                                                ...Petitioner

                                                                Vs
                     The State represented by
                     The Inspector of Police,
                     All Women Police Station,
                     Tiruvarur.                                                          ... Respondent

                     PRAYER : Criminal Original Petition filed under Section 482 of the Code
                     of Criminal Procedure, 1973, praying to call for the records in order made in
                     Crl.M.P.No.355/2023 in C.C.No.32/2023, dated 23.06.2023 passed by
                     Additional Mahila Court (Magistrate Level), Tiruvarur and set aside the
                     same.
                                        For Petitioner     : Mr.B.Jawahar
                                        For Respondent     : Mr.A.Damodaran
                                                             Additional Public Prosecutor
                                                              *****

                                                            ORDER

This petition has been filed challenging the order passed by the Court

below in Crl.M.P.No.355 of 2023 in C.C.No.32 of 2023, dated 23.06.2023

https://www.mhc.tn.gov.in/judis Criminal Original Petition No.16659 of 2023

dismissing the application filed by the petitioner seeking for relaxation of

bail condition imposed on him.

2. Heard Mr.B.Jawahar, learned counsel for petitioner and

Mr.A.Damodaran, learned Additional Public Prosecutor appearing for

respondent.

3. The petitioner is facing trial before the Court below for offences

u/s.498-A IPC, Sections 3 and 4 of the Muslim Women (Protection of

Rights on Marriage) Act, 2019 and Section 4 of Tamil Nadu Prohibition of

Harassment of Women Act, 2002.

4. It is seen from the order passed by the Court below that it took

nearly three years to secure the petitioner after registration of the First

Information Report. Admittedly, the petitioner is working abroad. There is

delay in the completion of investigation only because of the fact that the

petitioner was absconding. In view of the same, the Court below was not

inclined to relax the condition imposed while enlarging the petitioner on

bail by directing the petitioner to appear before the Court on every Monday

https://www.mhc.tn.gov.in/judis Criminal Original Petition No.16659 of 2023

and Friday until further orders and not to leave India without the prior

permission of the Court.

5. The First Information Report was registered in the year 2020. The

final report was filed only in the year 2023 after the petitioner was arrested

on 16.05.2013. In view of the same, the Court below was not inclined to

relax the condition since the petitioner will once again go back to foreign

country and the trial will come to a grinding halt. The Court below is the

best Judge to decide the issue regarding relaxation of condition and this

Court cannot interfere with the same unless there is gross illegality in the

order.

6. In view of the above discussion, this Court is not inclined to

interfere with the order passed by the Court below in Crl.M.P.No.355 of

2023 in C.C.No.32 of 2023, dated 23.06.2023. However, considering the

fact that the petitioner works at Saudi Arabia, there can be a direction to the

Court below to complete the proceedings as expeditiously as possible and

within a time frame.

https://www.mhc.tn.gov.in/judis Criminal Original Petition No.16659 of 2023

7. It is brought to the notice of this Court that there are totally eleven

witnesses on the side of prosecution. Considering the same, there shall be a

direction to the Court below to complete the proceedings in C.C.No.32 of

2023 within a period of four (4) months from the date of receipt of a copy of

this order.

8. The trial shall be conducted on a day-to-day basis in accordance

with the guidelines given by Hon'ble Supreme Court reported in Vinod

Kumar Vs State of Punjab [2015 (1) MLJ (Crl) 288 SC]. If the petitioner

adopts any dilatory tactics, it is open to the trial Court to insist upon the

presence of the petitioner and remand him to custody as per the judgment

of the Hon'ble Supreme Court in State of Uttar Pradesh v. Shambhu Nath

Singh (JT 2001 (4) SC 3191).

This Criminal Original Petition is disposed of with the above

direction.

26.07.2023 Index : Yes/No Speaking order:Yes/No Neutral citation:Yes/No gm

https://www.mhc.tn.gov.in/judis Criminal Original Petition No.16659 of 2023

To

1.The Additional Mahila Court (Magistrate Level), Tiruvarur.

2.The Inspector of Police, All Women Police Station, Tiruvarur.

3.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis Criminal Original Petition No.16659 of 2023

N.ANAND VENKATESH, J

gm

Criminal Original Petition No.16659 of 2023

26.07.2023

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