Anush v. Inspector Of Police

T.V.THAMILSELVI, J.

The petitioner who apprehends arrest for the alleged offence punishable under Sections 294(b), 353, 332 and 506(i) of IPC read with Section 4(1)(j) of TNP Act in Crime No.2094 of 2017, seeks anticipatory bail.

2. The case of the prosecution is that on 09.12.2017, due to wordy quarrel, the petitioner along with other person abused the defacto complainant in a filthy language and threatened them with dire consequence. Hence the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and during the quarrel, the incident has happened. He further submitted that he is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that on 09.12.2017, due to wordy quarrel, the petitioner along with other person abused the defacto complainant using filthy language and threatened with dire consequence. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also the submissions made by both counsel appearing on either side, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions:-

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance before the Learned Metropolitan Magistrate No.XXIII, Saidapet, Chennai District 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 is directed to report before the respondent police on every Tuesday and Saturday at 10.30 a.m., for the period of four weeks and thereafter as and when required for interrogation.

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

[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];

T.V.THAMILSELVI, J.

vkr [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

23.01.2023 vkr