R.Rubini v. Inspector Of Police

C.V.KARTHIKEYAN , J.

The petitioners/Accused who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 294(b), 323, 324 and 506(i) of IPC read with Section 4 of Tamil Nadu Prohibition of Women Harassment Act, 2002 with respect to an occurrence which took place on 16.08.2023 registered in Crime No.577 of 2023 on the file of the respondent police, seek anticipatory bail.

2. It is stated that the 1st petitioner is an Advocate and the 2nd petitioner is her husband, who is carrying on business at Tiruvallur. The Defacto complainant had a wordy quarrel with the mother of the 1st petitioner with respect to a property and her house at Periyapalayam.

3. It is also seen that two further FIRs have been registered in Cr. No.716 of 2023 and 717 of 2023.

4. Taking an over all consideration of the entire facts of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain 1/4

conditions.

5. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Uthukottai 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 petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioners 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 1st petitioner shall report before the respondent Police as and when required for interrogation and the 2nd petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when 2/4

required for interrogation;

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

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC; 05.02.2024 mjs 3/4

C.V.KARTHIKEYAN , J.

mjs 05.02.2024 4/4