Arul v. State Rep By
CRL.O.P.No.1169 of 2023 T.V.THAMILSELVI, J.
The petitioners, who apprehends arrest for the alleged offences under Sections 294(b), 324, 427, 448, 506(ii) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Cr.No.4 of 2023 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that due to previous enmity the petitioners attacked the defacto complainant and caused injuries to him. Hence the complainant.
3.The learned counsel appearing for the petitioners submits that he has no way connected with the alleged occurrence and he has been falsely implicated in this case. However, the learned counsel, on instructions, further submits that the petitioners, without prejudice to his rights, is ready to deposit some amount to the credit of the crime number as imposed by this Court. Hence, the learned counsel prays to grant anticipatory bail to the petitioners.
4.The learned Government Advocate (Crl.Side) submits that due
to previous enmity the petitioners attacked the defacto complainant and caused injuries to him. Hence, he opposed for granting anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case and that the petitioners on his own volition, is ready to deposit some amount to the credit of the crime number, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6. Accordingly, the petitioners is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Crime No.4 of 2023 within a period of fifteen (15) days and on such deposit, the petitioners is ordered to be released on bail in the event of arrest or on his appearance, before the District Munsif Cum Judicial Magistrate, Vedaranyam on condition that the petitioners 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 anticipatory bail shall stands
automatically cancelled and on further condition that: (a)the petitioners is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) the credit of Crime No.4 of 2023 before the concerned Magistrate within a period of fifteen (15) days and the defacto complainant is permitted to withdraw the said deposit amount of Rs.10,000/- on proper identification and acknowledgment;
(b)the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (c)the petitioners is directed to appear before the respondent police every Wednesday at 10.30 a.m for a period of four weeks until further orders.
(d)the petitioners shall not tamper with evidence or witness either during investigation or trial; (e)the petitioners 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 thepetitioners in accordance with law as if the conditions have been imposed and thepetitioners released on anticipatory 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.
20.01.2023 smn
T.V.THAMILSELVI, J.
smn 20.01.2023