Rajasimhan v. State Rep.By

T.V.THAMILSELVI, J.

The petitioner who apprehends arrest at the hands of the respondent Police for the offences punishable under Sections 294(b), 324, 353 and 506(1) of IPC, in Crime No.625 of 2022, seeks anticipatory bail.

2. The case of prosecution is that on 30.10.2022 based on the secret information the respondent police conducted a search in the house of the petitioner and found the accused persons hiding inside the petitioner's house. When the respondent police entered into the petitioner's house, at that time, the petitioner and other accused person abused the defacto complainant using filthy language and assaulted him due to which the defacto complainant sustained injury. Hence the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and she has not committed any

offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent would submit that on 30.10.2022 based on the secret information the respondent police conducted a search in the house of the petitioner and found the accused persons hiding inside the petitioner's house. When the respondent police entered into the petitioner's house, at that time, the petitioner and other accused person abused the defacto complainant using filthy language and assaulted him due to which the defacto complainant sustained injury. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and the submissions made by the learned counsel, this court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail

in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Munsif Cum Judicial Magistrate, Pallavaram on condition that the petitioner 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:

[a] the petitioner 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.

[b] the petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand Only) to the credit of Crime No.625 of 2022, before the concerned Magistrate, at the time of furnishing sureties and the learned trial Judge shall disburse the amount to the defacto complainant.

(c) the petitioner shall report before the respondent police station every Tuesday and Saturday at 10.30 a.m., for a period of four weeks and thereafter as and when required.

(d)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioner shall not abscond either during investigation or trial;

(f) on breach of any of the aforesaid conditions, the learned 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]; and;

(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC;

jai 10.01.2023

T.V.THAMILSELVI, J.

jai Crl.O.P.No.411 of 2023 10.01.2023