Thulasidhasan v. State Rep By

C.V.KARTHIKEYAN, J.

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 294(b), 506(i) IPC read with Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in Crime No. 380 of 2023, seek anticipatory bail.

2. It is stated that on 03.12.2023 the petitioners are said to have harassed the defacto complainant.

3. Let me not enter into any further discussion but take on record the individual affidavits filed by each one of the petitioners wherein at paragraph No. 4, they had each stated as follows:- "4. I submit that without prejudice to my defence, I regret for the act alleged to have made as against me and I will not indulge in any sort of illicit activities in future. I maintain decency and abide by the law."

4. In view of that particular fact, this Court is inclined to grant anticipatory bail to the petitioners with certain 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, Cheyyur, on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten thousand only) each 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 this Court 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 petitioners shall appear before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when 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 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].

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

6. Similar affidavits by each one of them may also be produced before learned Judicial Magistrate, Cheyyur.

27.02.2024 vsg C.V.KARTHIKEYAN, J.

Vsg 27.02.2024